CORY DRISCOLL v. MONTGOMERY COUNTY BOARD OF COUNTY COMMISSIONERS, et al., JENNIFER L. SMILEY, Deputy, in her official and personal capacity - Articles

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Posted by: Azya Thornton on Apr 23, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Andrew T. French, MONTGOMERY COUNTY PROSECUTOR’S OFFICE, Dayton, Ohio, for Appellant.

Attorneys 2: ARGUED: Robert Linneman, SANTEN & HUGHES, Cincinnati, Ohio, for Appellee.

Attorneys 3: ON BRIEF: Joshua T. Shaw, MONTGOMERY COUNTY PROSECUTOR’S OFFICE, Dayton, Ohio, for Appellant.

Attorneys 4: J. Robert Linneman, H. Louis Sirkin, SANTEN & HUGHES, Cincinnati, Ohio, Becca Steinberg, Brian Wolfman, Regina Wang, GEORGETOWN LAW APPELLATE COURTS IMMERSION CLINIC, Washington, D.C., for Appellee.

Judge(s): WHITE, STRANCH, and MURPHY, Circuit Judges

Court Appealed: United States District Court for the Southern District of Ohio at Dayton

HELENE N. WHITE, Circuit Judge. Plaintiff Cory Driscoll brought constitutional and state tort claims against Defendant Deputy Sheriff Jennifer Smiley after she shot him. Deputy Smiley appeals the denial of her motion for summary judgment based on qualified immunity and state statutory immunity. We AFFIRM.

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