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OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM, on
behalf of itself and all others similarly situated,
Plaintiff-Appellant,
v.
FEDERAL HOME LOAN MORTGAGE CORPORATION;
RICHARD F. SYRON; PATRICIA L. COOK; ANTHONY S.
PISZEL; EUGENE M. MCQUADE,
Defendants-Appellees. |
No. 20-4082 |
Appeal from the United States District Court for the Northern District of Ohio at Youngstown.
No. 4:08-cv-00160—Benita Y. Pearson, District Judge.
Argued: March 16, 2023
Decided and Filed: April 6, 2023
Before: McKEAGUE, THAPAR, and LARSEN, Circuit Judges.
_________________________
OPINION
_________________________
McKEAGUE, Circuit Judge. Ohio Public Employees Retirement System (OPERS) filed
a class action suit alleging securities fraud against Federal Home Loan Mortgage Corporation
and four senior officers (collectively, Freddie Mac). The district court denied OPERS’ motion
for class certification. So, OPERS petitioned for our review under Federal Rule of Civil
Procedure 23(f). But we denied review. Back at the district court, OPERS requested, and the
district court granted, “sua sponte” summary judgment for Freddie Mac. Now, OPERS appeals
both the class certification and summary judgment decisions. Because the district court’s
summary judgment decision was manufactured by OPERS in an apparent attempt to circumvent
the requirements of Rule 23(f), the decision was not final. We therefore lack jurisdiction, and
accordingly must reverse and remand. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOSHUA L. WOOLRIDGE,
Defendant-Appellant. |
No. 22-3243 |
Appeal from the United States District Court for the Northern District of Ohio at Akron.
No. 5:21-cr-00145-1—John R. Adams, District Judge.
Decided and Filed: April 6, 2023
Before: SUTTON, Chief Judge; BATCHELDER and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
SUTTON, Chief Judge. After police detained Joshua Woolridge but before they read
him the required Miranda warnings, Woolridge told the officers that he was out on parole and
that he had carried a gun. Woolridge said the same after the officers gave him the Miranda
warnings minutes later. The district court refused to suppress Woolridge’s post-warning
statements and imposed a sentence above the Sentencing Guidelines range. Finding no
reversible error, we affirm. |
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CHARLES JACKSON,
Plaintiff-Appellee,
v.
CITY OF CLEVELAND, et al.,
Defendants,
BARBARA RHODES MARBURGER,
Defendant-Appellant. |
No. 22-3253 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:21-cv-01679—J. Philip Calabrese, District Judge.
Argued: December 8, 2022
Decided and Filed: April 6, 2023
Before: MOORE, STRANCH, and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. Charles Jackson filed a 42 U.S.C. § 1983
lawsuit, claiming that Barbara Rhodes Marburger, an assistant prosecutor at the Cuyahoga
County Prosecutor’s Office, denied him access to the courts by redacting exculpatory
information from his investigative file, which had been requested from her office under the Ohio
Public Records Act. The district court found that she was protected by neither absolute
immunity nor qualified immunity and denied her motion to dismiss. Although we agree with the
district court that Marburger is not entitled to absolute immunity, for the reasons stated below we
REVERSE the district court’s denial of qualified immunity. |
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