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January 25th, 2007

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Qualified immunity
 

Ohio Supreme Court
 
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First District Court of Appeals
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U.S. Sixth Circuit Court of Appeals:  Ohio Cases
 
IHaynes v. City of Circleville (Jan. 25, 2006) (Appeal from the S.D. Ohio)
http://www.ca6.uscourts.gov/opinions.pdf/07a0037p-06.pdf
-  David H. Haynes, a former City of Circleville police officer and
handler for the police department's canine unit, filed suit against
the City and Police Chief Harold Wayne Gray, Jr. in the Pickaway County
(Ohio) Court of Common Pleas. He alleged a violation of Ohio's
whistleblower statute, a violation of common law public policy, and
retaliatory discharge for exercising his First Amendment rights. Haynes
contends that he was fired for protesting proposed cutbacks in canine
training. He asserted that this reduction in training was likely to
cause an imminent risk of physical harm to the public. The defendants
removed the lawsuit to the United States District Court for the Southern
District of Ohio, where they subsequently moved for summary judgment on
all of the claims against them. Chief Gray also raised the defense of
qualified immunity. The district court granted the defendants' motion
as to Haynes's state-law claims, but denied the motion as to the First
Amendment retaliation claim. Chief Gray timely filed an interlocutory
appeal for review of the court's decision to deny him the defense of
qualified immunity. For the reasons set forth below, we REVERSE the
district court's judgment as to Chief Gray and REMAND with
instructions to dismiss the First Amendment claim as to both
defendants.
 
U.S. Sixth Circuit Court of Appeals: Other States Cases
 
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