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GASPERS v. OHIO DEPT. OF YOUTH SERVICES

No. 09-3829.

648 F.3d 400 (2011)

William GASPERS; Aldine Gaspers, Plaintiffs-Appellees, v. OHIO DEPARTMENT OF YOUTH SERVICES; Ohio River Valley Juvenile Correction Facility; James Hieneman; Barry Braverman, Defendants, Thomas J. Stickrath; Geno Natalucci-Persichetti; Kevin Miller; Andrea Morbitzer; George Oliver; Tina Krueger, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 5, 2011.

Attorney(s) appearing for the Case

ARGUED: Jack W. Decker , Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. David Torchia , Tobias, Kraus & Torchia, Cincinnati, Ohio, for Appellees. ON BRIEF: Jack W. Decker , James A. Hogan , Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. David Torchia , Tobias, Kraus & Torchia, Cincinnati, Ohio, for Appellees.

Before: COLE and WHITE, Circuit Judges; O'MEARA, Senior District Judge.

OPINION

HELENE N. WHITE, Circuit Judge.

Defendants-Appellants appeal the district court's partial denial of their motion for summary judgment based on qualified immunity in this Section 1983 action brought by the Gaspers, a married couple claiming that William Gaspers was terminated and Aldine Gaspers was demoted and transferred because they were married to each other, in violation of their First Amendment rights...

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