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VICTOR S. COUZENS,
Plaintiff-Appellant,
v.
CITY OF FOREST PARK, OHIO; WILLIAM ARNS, in his
official capacity; REBECCA EAVERS, COREY HALL, and
VADA HARRIS, in their official and personal capacities,
Defendants-Appellees. |
No. 23-3930 |
Appeal from the United States District Court for the Southern District of Ohio at Cincinnati.
No. 1:20-cv-00546—Michael R. Barrett, District Judge.
Argued: July 24, 2024
Decided and Filed: August 27, 2024
Before: SILER, COLE, and BUSH, Circuit Judges.
_________________________
OPINION
_________________________
JOHN K. BUSH, Circuit Judge. “A house divided against itself cannot stand.”1 So too,
it seemed, for a house of worship in this case. Off-duty police made the mistake of involving
themselves in that division, which is the genesis of this suit.
Inspirational Bible Church (“IBC”) faced declining membership and worsening finances
after its pastor, plaintiff Victor Couzens, committed a publicized indiscretion. Leaders within the
congregation organized a vote to oust him from his position. To enforce this decision, they hired
off-duty police officers for the next Sunday service. At that gathering Couzens briefly took the
pulpit, but officers threatened arrest, causing him to leave the church building. Couzens then
sued the officers, their police chief, and the City of Forest Park (collectively, the “Forest Park
Defendants”), as well as certain church leaders, alleging that they conspired to deny him his
constitutional rights. The district court, however, granted summary judgment in defendants’
favor. We affirm. |
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RAYMOND C. BARTON,
Plaintiff-Appellee,
v.
SHELDON NEELEY,
Defendant-Appellant. |
No. 23-2089 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:23-cv-10051—Nancy G. Edmunds, District Judge.
Argued: July 23, 2024
Decided and Filed: August 27, 2024
Before: GILMAN, GRIFFIN, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
Two young African American boys died after two City of Flint firefighters failed to
properly sweep a burning house. Then-City Fire Chief, plaintiff Raymond Barton, tried to
discharge the firefighters for gross misconduct, but Flint’s Mayor, defendant Sheldon Neeley,
intervened and allegedly covered up the firefighters’ malfeasance to advance his support from the
firefighters’ union in an upcoming election. When Chief Barton refused Mayor Neeley’s
directives to cover up the malfeasance, Neeley fired Barton. In this lawsuit, Barton claims that
his termination constitutes retaliation in violation of his First Amendment rights. The district
court denied Neeley’s motion to dismiss on qualified-immunity grounds, spurring this
interlocutory appeal. Because Barton plausibly pleaded a violation of his First Amendment
rights, and it is clearly established that public employees cannot be compelled to make false,
politically motivated statements on matters of public concern in response to threats of retaliation,
we affirm the district court’s denial of qualified immunity to Neeley. |
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