CLICK HERE FOR FULL TEXT |
ERIC NOBLE,
Plaintiff-Appellant,
v.
CINCINNATI & HAMILTON COUNTY PUBLIC LIBRARY;
PAULA BREHM-HEEGER, in her individual capacity;
BOARD OF TRUSTEES OF THE CINCINNATI & HAMILTON
COUNTY PUBLIC LIBRARY; KYLA HARDIN, in her
individual capacity; MONICA DONATH KOHNEN, in her
individual capacity; ELIZABETH H. LAMACCHIA; KAREN
R. CLEMONS; NADINE L. ALLEN, in her individual
capacity; ROBERT G. HENDON, in his individual capacity;
GREGORY W. OLSON, in his individual capacity; DIANE
CUNNINGHAM REDDEN, in her individual capacity,
Defendants-Appellees. |
No. 23-3853 |
Appeal from the United States District Court for the Southern District of Ohio at Cincinnati.
No. 1:20-cv-00594—Michael R. Barrett, District Judge.
Argued: June 13, 2024
Decided and Filed: August 9, 2024
Before: SUTTON, Chief Judge; McKEAGUE and BUSH, Circuit Judges.
_________________________
OPINION
_________________________
JOHN K. BUSH, Circuit Judge. In 2020, during protests led in part by the organization
known as Black Lives Matter (BLM), plaintiff Eric Noble made the mistake of sharing an
insensitive meme on his personal Facebook page. Only his Facebook friends, who numbered
less than 100, could see his posting. He took down the meme less than 24 hours after it went up
and after his mother had advised that he do so. But it was too late. Some of Noble’s Facebook
friends who worked with him at the Cincinnati and Hamilton County Public Library (“the
Library”) saw the post. They complained to the Library. After an investigation, Noble’s bosses
did not think his quick removal of the meme was good enough that he should be forgiven.
Instead, the Library terminated his employment as a security guard.
There is no evidence that anyone outside the Library ever saw Noble’s short-lived meme,
and there is no proof in the record that he ever did anything at his job, either before or after the
unfortunate post, to cause trouble with his co-workers or Library patrons. Noble alleges that the
Library’s termination of his employment violated his First Amendment rights. We agree. We
reverse the district court’s grant of summary judgment for the defendants and remand with
instructions for summary judgment to be entered in favor of Noble on his First Amendment
retaliation claim. |
CLICK HERE FOR FULL TEXT |
MARTA LIDIA TISTA-RUIZ DE AJUALIP; GLENDY
JOMARA AJUALIP-TISTA; KENDEL AMISAEL AJUALIPTISTA; OSWIN ALEXIS AUGUSTO AJUALIP-TISTA;
JAMILTON OSVIEL TISTA-AJUALIP,
Petitioners,
v.
MERRICK B. GARLAND, Attorney General,
Respondent. |
No. 23-3274 |
On Petition for Review from the Board of Immigration Appeals.
Nos. A 088 925 800; A 208 893 829; A 208 893 830; A 208 893 831; A 208 893 832.
Decided and Filed: August 9, 2024
Before: COLE, GILMAN, and LARSEN, Circuit Judges.
_________________________
OPINION
_________________________
COLE, Circuit Judge. Applicant Marta Lidia Tista-Ruiz De Ajualip is a native citizen of
Guatemala who applied for asylum and withholding of removal for herself and on behalf of her
three children and grandson,1 all of whom entered the United States on March 5, 2016.2
Marta’s family left Guatemala because they were afraid that Marta’s son-in-law, Marvin, would act on
his threats to kill them.
After initiating removal proceedings and holding an administrative hearing in 2016, an
immigration judge (IJ) found that Marta and her family were subjected to persecution as defined
in the Immigration and Nationality Act (INA), but the IJ denied Marta’s asylum and withholding
claims for other reasons. In making her asylum determination, the IJ relied on previously
applicable immigration precedent to declare that victims of domestic violence are not protected
by the asylum laws of the United States. And when analyzing Marta’s withholding claim, the IJ
applied the wrong legal standard and premised her denial on a separate, inapplicable immigration
statute.
In March 2023, the Board of Immigration Appeals (Board) issued an opinion affirming
both points. The Board issued a separate opinion on the asylum claim that acknowledged a
significant change in precedent since the IJ’s decision, but the Board affirmed instead of
remanding for further review. The Board summarily affirmed the denial of Marta’s withholding
claim. Because the Board’s denial of asylum and withholding of removal is inconsistent with
this court’s precedent and other immigration authority, we grant Marta’s petition for review and
remand for further proceedings. |
CLICK HERE FOR FULL TEXT |
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
TYREN L. CERVENAK,
Defendant-Appellant. |
No. 23-3466 |
On Petition for Rehearing En Banc
United States District Court for the Northern District of Ohio at Cleveland.
No. 1:22-cr-00204-1—John R. Adams, District Judge.
Decided and Filed: August 9, 2024
Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN,
READLER, MURPHY, DAVIS, MATHIS, and BLOOMEKATZ, Circuit Judges.
_________________________
ORDER
_________________________
A majority of the Judges of this Court in regular active service has voted for rehearing en banc
of this case. Sixth Circuit Rule 35(b) provides as follows:
A decision to grant rehearing en banc vacates the previous opinion and judgment
of the court, stays the mandate, and restores the case on the docket as a pending
appeal.
Accordingly, it is ORDERED that the previous decision and judgment of this court are vacated,
the mandate is stayed, and this case is restored to the docket as a pending appeal. |
CLICK HERE FOR FULL TEXT |
DAN CARMAN; COIN CENTER; RAYMOND WALSH;
QUIET INDUSTRIES CORP.,
Plaintiffs-Appellants,
v.
JANET YELLEN, in her official capacity as Secretary of
the Treasury; UNITED STATES DEPARTMENT OF THE
TREASURY; CHARLES PAUL RETTIG, in his official
capacity as Commissioner of the Internal Revenue
Service; INTERNAL REVENUE SERVICE; MERRICK B.
GARLAND, Attorney General; UNITED STATES OF
AMERICA,
Defendants-Appellees. |
No. 23-5662 |
Appeal from the United States District Court for the Eastern District of Kentucky at Lexington.
No. 5:22-cv-00149—Karen K. Caldwell, District Judge.
Argued: May 7, 2024
Decided and Filed: August 9, 2024
Before: MOORE, NALBANDIAN, and BLOOMEKATZ, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. Plaintiffs Dan Carman, Coin Center,
Raymond Walsh, and Quiet Industries Corp. (“plaintiffs”) regularly transact in cryptocurrency
for both personal and business matters. They enjoy the privacy and anonymity that
cryptocurrency transactions provide. So when Congress passed amendments to 26 U.S.C.
§ 6050I, a law that now requires reporting of certain cryptocurrency transactions to the federal
government, plaintiffs brought this lawsuit against the United States and the agencies in charge
of implementing and enforcing § 6050I.1 The district court found that it was without jurisdiction
to consider the merits of plaintiffs’ constitutional challenges to the amended § 6050I, because
plaintiffs’ claims are either not ripe for adjudication or because the plaintiffs lack standing.
Although the district court was correct that one of plaintiffs’ claims is not ripe, several of
plaintiffs’ claims are justiciable today. Accordingly, we AFFIRM in part and REVERSE in part
the district court’s judgment, and REMAND for proceedings consistent with this opinion. |
|