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


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.

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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

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