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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. |
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