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THREAT v. CITY OF CLEVELAND, OHIO

No. 20-4165.

6 F.4th 672 (2021)

Michael THREAT; Margarita Noland-Moore; Pamela Beavers; Lawrence Walker; Reginald Anderson, Plaintiffs-Appellants, v. CITY OF CLEVELAND, OHIO; Nicole Carlton, Personally and in her official capacity as Commissioner, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 26, 2021.

Attorney(s) appearing for the Case

ARGUED: Jared S. Klebanow , KLEBANOW LAW, LLC, Cleveland, Ohio, for Appellants. William M. Menzalora , CITY OF CLEVELAND, Cleveland, Ohio, for Appellees. Anna M. Baldwin , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus Curiae. ON BRIEF: Jared S. Klebanow , KLEBANOW LAW, LLC, Cleveland, Ohio, Brian Wolfman , GEORGETOWN LAW APPELLATE COURTS IMMERSION CLINIC, Washington, D.C., Avery Friedman , AVERY FRIEDMAN & ASSOCIATES, Cleveland, Ohio for Appellants. William M. Menzalora , CITY OF CLEVELAND, Cleveland, Ohio, for Appellees. Anna M. Baldwin , Tovah R. Calderon , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus Curiae.

Before: SUTTON, Chief Judge; SUHRHEINRICH and NALBANDIAN, Circuit Judges.

OPINION

Five municipal employees sued the City of Cleveland and their supervisor under a host of federal and state grounds, the most prominent being that the city illegally determined night and day shifts based on the color of the officers' skin. The district court rejected many of the claims at the pleading stage...

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