Thread by @jeffreynye

Time for another update on the case where a Cincinnnati Police officer pseudonymously sued several citizens for criticizing his on-duty conduct. There have been new filings, though no new decisions, in two courts.

At last update, I told you that the common pleas judge had partially unsealed his affidavit, but had allowed him to continue to use a pseudonym

https://twitter.com/jeffreynye/status/1308519913993179136

I also linked to jurisdictional briefing in the Ohio Supreme Court, including our amicus brief

https://twitter.com/jeffreynye/status/1308520846235963393

Now, the officer has filed his memo in response to jurisdiction.

His brief is here: …agnarosabapatterson-my.sharepoint.com/:b:/g/personal…

He also moved to dismiss, though not on any basis other than that on which he opposed jurisdiction.

His motion is here: …agnarosabapatterson-my.sharepoint.com/:b:/g/personal…

This is an odd strategic choice. There’s no clear benefit to separately moving to dismiss, since it adds no new argument—but it gives the appellants the last word before the Court, if they choose to take it. (The officer will have no right of reply.)

Also in the Supreme Court, today a group of Civil Pro scholars filed an amicus brief urging the Court to take the case. They argue that lower courts need guidance about both the permissibility of entering “TROs” of indefinite duration, and the appellate treatment of those orders.

Their amicus brief is here …agnarosabapatterson-my.sharepoint.com/:b:/g/personal…

It was filed by Dan Donnellon—who literally wrote the book on Ohio injunction law—on behalf of professors at @AkronLaw and @NKUChaseLaw.

Finally, back to the court of appeals—though for an original action in mandamus, which @JackGreiner and I filed jointly on behalf of our respective clients, the Cincinnati Enquirer (@Enquirer) and Prof. Eugene Volokh (@VolokhSpeech), in August. Petition: …agnarosabapatterson-my.sharepoint.com/:b:/g/personal…

The respondent (the common pleas judge) moved to dismiss the petition (here …agnarosabapatterson-my.sharepoint.com/:b:/g/personal…). Both petitioners filed memos in opp.

Enquirer: …agnarosabapatterson-my.sharepoint.com/:b:/g/personal…

Prof. Volokh: …agnarosabapatterson-my.sharepoint.com/:b:/g/personal…

The judge may file a reply in the mandamus case, and then it's just a waiting game (on both cases). I would imagine that we'll hear how these issues are decided in about the next two months. Will keep you all posted, of course.