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ROTH v. GUZMAN

No. 10-3542.

650 F.3d 603 (2011)

Eric T. ROTH, individually and on behalf of all others similarly situated; Mary Beth Roth, individually and on behalf of all others similarly situated; Erin C. Kenny, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Henry GUZMAN, Director, Ohio Department of Public Safety; Mike Rankin, Registrar, Ohio Bureau of Motor Vehicles, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 13, 2011.

Attorney(s) appearing for the Case

ARGUED: Elisabeth A. Long , Ohio Attorney General's Office, Columbus, Ohio, for Appellants. Charles T. Lester, Jr. , Eric C. Deters & Associates, Independence, Kentucky, for Appellees. ON BRIEF: Elisabeth A. Long , Benjamin C. Mizer , Ohio Attorney General's Office, Columbus, Ohio, for Appellants. Charles T. Lester, Jr. , Eric C. Deters & Associates, Independence, Kentucky, for Appellees.

GUY, J., delivered the opinion of the court, in which McKEAGUE, J., joined. CLAY, J. (pp. 617-21), delivered a separate dissenting opinion.

OPINION

RALPH B. GUY, JR., Circuit Judge.

Defendants Henry Guzman, Director of the Ohio Department of Public Safety, and Mike Rankin, Registrar of the Ohio Bureau of Motor Vehicles, appeal from the district court's determination that they were not entitled to qualified immunity from suit in this putative class action alleging violation of the plaintiffs' rights under the federal Driver's Privacy Protection Act (DPPA), 18 U.S.C. §§ 2721-2725, and...

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