Joseph Privett v. Secretary, DHS, et al

Filing

OPINION and JUDGMENT filed : The district court s grant of defendants motion to dismiss for lack of jurisdiction with regard to the question of whether Joseph Privett was subject to the Adam Walsh Act is REVERSED, its dismissal of the other claims for want of jurisdiction is AFFIRMED, and the case is REMANDED for further fact-finding to determine whether the underlying conviction did indeed involve a minor. Decision for publication. R. Guy Cole, Jr., Chief Judge (CONCURRING IN PART AND DISSENTING IN PART); Danny J. Boggs (AUTHORING) and Eugene E. Siler, Jr., Circuit Judges.

Case: 16-3243

Document: 25-3

Filed: 07/26/2017

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 16-3243

JOSEPH PRIVETT,
Plaintiff - Appellant,

FILED
Jul 26, 2017
DEBORAH S. HUNT, Clerk

v.
SECRETARY, DEPARTMENT OF HOMELAND
SECURITY, et al.,
Defendant - Appellee.

Before: COLE, Chief Judge; BOGGS and SILER, Circuit Judges.

JUDGMENT
On Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION THEREOF, it is ORDERED that the district court’s grant of
defendants’ motion to dismiss for lack of jurisdiction with regard to the question of whether
Joseph Privett was subject to the Adam Walsh Act is REVERSED, its dismissal of the other
claims for want of jurisdiction is AFFIRMED, and the case is REMANDED for further factfinding to determine whether the underlying conviction did indeed involve a minor.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk