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Barry v. O'Grady

United States Court of Appeals, Sixth Circuit

July 11, 2018

Teresa Barry, Plaintiff-Appellee,
v.
James P. O'Grady, Defendant-Appellant.

          Argued: November 30, 2017

          Appeal from the United States District Court for the Southern District of Ohio at Columbus. No. 2:14-cv-02693-Edmund A. Sargus, Jr., Chief District Judge.

         ARGUED:

          Paula J. Lloyd, CITY OF COLUMBUS, Columbus, Ohio, for Appellant.

          Michael Garth Moore, LAW OFFICES OF MICHAEL GARTH MOORE, Columbus, Ohio, for Appellee.

         ON BRIEF:

          Paula J. Lloyd, Pamela J. Gordon, CITY OF COLUMBUS, Columbus, Ohio, for Appellant.

          Michael Garth Moore, LAW OFFICES OF MICHAEL GARTH MOORE, Columbus, Ohio, for Appellee.

          Before: DAUGHTREY, MOORE, and SUTTON, Circuit Judges.

          OPINION

          MARTHA CRAIG DAUGHTREY, CIRCUIT JUDGE.

         Teresa Barry, a judicial administrative assistant, sued three judges and two employees of the Franklin County Municipal Court under 42 U.S.C. § 1983, claiming retaliation in violation of the Free Speech Clause of the First Amendment and gender discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment. The defendants moved for summary judgment, and the district court held in favor of the defendants-except on two claims against defendant Judge James O'Grady, a First Amendment retaliation claim and a Fourteenth Amendment equal-protection, gender-discrimination claim. On those two claims, the district court rejected O'Grady's qualified-immunity argument and concluded that summary judgment was not appropriate because genuine disputes of material fact remain.

         On appeal, O'Grady contends that the district court erred in denying him qualified immunity on the two remaining claims. Because O'Grady's argument relies on disagreements with the district court's weighing of facts and factual inferences-and not questions of law-we have no jurisdiction and must dismiss the appeal. See Johnson v. Jones, 515 U.S. 304, 319-20 (1995).

         BACKGROUND[1]

         Barry alleges that O'Grady created a hostile work environment rife with vulgar comments about women, either coming from O'Grady directly, encouraged by him, or tolerated by him. Barry highlights, among other allegations, that O'Grady was involved in a conversation about a female lawyer who appeared regularly in front of the court. O'Grady and two bailiffs explicitly discussed the lawyer's sex life, with one of the bailiffs saying that the lawyer "licked [a male lawyer] like a lap dog" and O'Grady responding that the female lawyer must be "good ...


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