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ACLU OF OHIO FOUNDATION, INC. v. ASHBROOK

No. 02-3667.

375 F.3d 484 (2004)

AMERICAN CIVIL LIBERTIES UNION OF OHIO FOUNDATION, INC., Plaintiff-Appellee, v. Robert ASHBROOK, Sued Here in His Official Capacity as Richland County Commissioner, Defendant, James DeWeese, Hon., Sued Here in His Official Capacity as a Judge of the Richland County Court of Common Pleas, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 14, 2004.

Rehearing Denied September 17, 2004.

Attorney(s) appearing for the Case

Scott T. Greenwood, Greenwood & Associates, Cincinnati, OH, Raymond Vasvari (argued and briefed), American Civil Liberties Union of Ohio Foundation, Cleveland, OH, for Plaintiff-Appellee.

Francis J. Manion (argued and briefed), American Center for Law and Justice, New Hope, KY, for Defendants-Appellants.

David R. Langdon (briefed), Law Office of David R. Langdon, Cincinnati, OH, for Amicus Curiae.

Before: BATCHELDER and COLE, Circuit Judges; HOOD, District Judge.

Rehearing En Banc Denied September 17, 2004.

HOOD, D.J., delivered the opinion of the court, in which COLE, J., joined. BATCHELDER, J. (pp. 495-508), delivered a separate dissenting opinion.

OPINION

HOOD, District Judge.

Defendant, a judge in the General Division of the Court of Common Pleas in Richland County, Ohio, appeals the district court's order granting Plaintiff's motion for partial summary judgment and denying summary judgment for...

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