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JAMES SWAIN RIEVES,
Plaintiff-Appellant,
v.
TOWN OF SMYRNA, TENNESSEE, et al.,
Defendants,

RUTHERFORD COUNTY, TENNESSEE; MIKE FITZHUGH, in his official and individual capacities,
Defendants-Appellees.
   No. 23-5106
Appeal from the United States District Court for the Middle District of Tennessee at Nashville.
No. 3:18-cv-00965—Aleta Arthur Trauger, District Judge.
Decided and Filed: May 16, 2023
Before: GIBBONS, KETHLEDGE, and BUSH, Circuit Judges.


_________________________
OPINION
_________________________

JULIA SMITH GIBBONS, Circuit Judge. Local law enforcement officials in Rutherford County, Tennessee raided twenty-three stores selling cannabidiol (“CBD”) products because they falsely believed that such products were illegal under state drug laws. The charges were dropped, as the products were legal under both state and federal law. The shop owners then sued the responsible law enforcement agencies, asserting violations of their constitutional rights and conspiracy to violate those rights. All but one of the shop owners ultimately settled. The sole remaining plaintiff, James Rieves, sought to progress to trial on his claims against the City of Smyrna and its police chief as well as Rutherford County and its sheriff. However, the district court granted summary judgment to the County and sheriff and certified the decision for interlocutory appeal.

We granted interlocutory appeal to clarify the scope of our civil conspiracy doctrine. Because the plaintiff presented evidence to support a claim of § 1983 civil conspiracy, we reverse the district court’s judgment and remand for further proceedings.



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JONES BROTHERS, INC.,
Petitioner,
v.
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION; FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION,
Respondents.
   No. 21-3498
On Petition for Review from the Federal Mine Safety & Health Administration.
Nos. SE 2016-0218-RM; SE 2016-0219-RM; SE 2016-0246.
Argued: March 15, 2023
Decided and Filed: May 5, 2023*
Before: CLAY, McKEAGUE, and STRANCH, Circuit Judges.


_________________________
OPINION
_________________________

McKEAGUE, Circuit Judge. Petitioner Jones Brothers, Inc. appeals a decision by the Federal Mine Safety and Health Review Commission (the “Commission”) upholding citations issued against it by the Federal Mine Safety & Health Administration (the “Administration”) for violations occurring at a Jones Brothers worksite (the “Site”). Jones Brothers argues that the Administration did not have jurisdiction over the Site under the Mine Act, as the Site was a borrow pit subject instead to the jurisdiction of the Occupational Safety and Health Administration (“OSHA”). The Administrative Law Judge found that the Site did not meet the required criteria of a borrow pit, and the Commission declined to review and thus upheld that decision. We find that there was substantial evidence upon which the ALJ concluded that at least one borrow pit factor was not met, and thus affirm the decision of the Commission.