Tracy Bays, et al v. City of Fairborn, et al

Filing

OPINION and JUDGMENT filed: REVERSED and REMANDED, decision for publication pursuant to local rule 206. Eugene E. Siler, Jr. (AUTHORING), Raymond M. Kethledge, Circuit Judges; John R. Adams, U.S. District Judge for the Northern District of Ohio.

Case: 10-4059

Document: 006111212477

Filed: 02/13/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
No. 10-4059
TRACY BAYS; KERRIGAN SKELLY,
Plaintiffs - Appellants,

Feb 13, 2012
LEONARD GREEN, Clerk

v.
CITY OF FAIRBORN; PETER BALES, individually and in his official capacity as
Parks and Recreation Superintendent for the City of Fairborn; RODNEY MYERS,
individually and in his official capacity as Police Officer for the City of Fairborn; MARK
STANNARD, individually and in his official capacity as Police Officer for the City of
Fairborn,
Defendants - Appellees.
Before: SILER and KETHLEDGE, Circuit Judges; ADAMS, District Judge.

JUDGMENT
On Appeal from the United States District Court
for the Southern District of Ohio at Dayton.
THIS CAUSE was heard on the record from the district court and was argued by
counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district
court is REVERSED and the case is REMANDED with instructions to grant the preliminary
injunction requested by plaintiffs Tracy Bays and Kerrigan Skelly.
ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk