Barry v. O’Grady

Allegation: Ohio judge made vulgar remarks about female lawyer’s sex life, retaliated against a court staffer who reported the remarks. District court: The staffer can sue the judge. Let’s go to trial. Sixth Circuit: We don’t have jurisdiction over the appeal because the judge’s qualified immunity argument questions factual inferences drawn by the district court. Dissent from Judge Sutton: This is not what the Supreme Court meant when it held appeals courts lack jurisdiction over factual disputes in qualified immunity cases; it meant that defendants can’t just say the plaintiff is lying.

Tags: 2018, Judge Sutton, Qualified Immunity, Sixth Circuit

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