Walter Barry, et al v. Nick Lyon

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OPINION and JUDGMENT filed : The judgment of the district court is AFFIRMED, and the case is REMANDED to the district court for continued enforcement of the permanent injunction and for consideration of any relevant action by the State in light of the Secretary s Clarification of Eligibility of Fleeing Felons Final Rule, 80 Fed. Reg. 54,410, which took effect on November 9, 2015. Decision for publication. R. Guy Cole, Jr., Chief Judge; Martha Craig Daughtrey (AUTHORING) and Bernice Bouie Donald, Circuit Judge.

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Case: 15-1390 Document: 62-3 Filed: 08/25/2016 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 15-1390 WALTER BARRY, by his next friend Elaine Barry, on behalf of himself and all others similarly situated; DONITHA COPELAND; KENNETH L. ANDERSON; WESTSIDE MOTHERS, Plaintiffs - Appellees, FILED Aug 25, 2016 DEBORAH S. HUNT, Clerk v. NICK LYON, in his official capacity as Acting Director, Michigan Department of Human Services, Defendant - Appellant. Before: COLE, Chief Judge; DAUGHTREY and DONALD, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Michigan at Ann Arbor. 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 AFFIRMED, and the case is REMANDED to the district court for continued enforcement of the permanent injunction and for consideration of any relevant action by the State in light of the Secretary’s Clarification of Eligibility of Fleeing Felons Final Rule, 80 Fed. Reg. 54,410, which took effect on November 9, 2015. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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