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BRIGHT v. GALLIA COUNTY, OHIO

Nos. 13-3451, 13-3907.

753 F.3d 639 (2014)

Robert W. BRIGHT, Plaintiff-Appellee (13-3451), Plaintiff-Appellant (13-3907), v. GALLIA COUNTY, OHIO; Board Of Commissioners of Gallia County, Ohio; Gallia County Public Defender Commission; and Gallia County Criminal Defense Corporation, Defendants-Appellees (13-3907). David Dean Evans, Defendant-Appellant (13-3451).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 3, 2014.

Attorney(s) appearing for the Case

ARGUED: Linda L. Woeber , Montgomery, Rennie & Jonson, Cincinnati, Ohio, for Appellant in 13-3451. Alphonse A. Gerhardstein , Gerhardstein & Branch, Co. LPA, Cincinnati, Ohio, for Appellee in 13-3451 and Appellant in 13-3907. Daniel T. Downey , Fishel Hass Kim Albrect LLP, Columbus, Ohio, for Appellees in 13-3907. ON BRIEF: George D. Jonson , Lisa M. Zaring , Montgomery, Rennie & Jonson, Cincinnati, Ohio, for Appellant in 13-3451. Alphonse A. Gerhardstein , Jacklyn Gonzales Martin , Gerhardstein & Branch, Co. LPA, Cincinnati, Ohio, for Appellee in 13-3451 and Appellant in 13-3907. Daniel T. Downey , Stacy V. Pollock , Fishel Hass Kim Albrect LLP, Columbus, Ohio, for Appellees in 13-3907.

Before: MOORE, WHITE, and DONALD, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In this case, there is no debate that Judge David Dean Evans failed to meet the minimum expectations for members of the judiciary: He overreacted to attorney Robert Bright's criticisms and inappropriately removed Bright from nearly seventy felony cases. The judge's high-handed actions caused Bright great hardship, but litigation seeking to hold Judge Evans personally liable is not the solution. Generally, we rely...

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