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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RODNEY SOUTHERS,
Defendant-Appellant.
   No. 15-6395
Appeal from the United States District Court
for the Eastern District of Tennessee of Chattanooga.
No. 1:14-cr-00005-1—Curtis L. Collier, Chief District Judge.
Decided and Filed: May 8, 2017
Before: SUHRHEINRICH, BATCHELDER, and STRANCH, Circuit Judges.


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OPINION
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SUHRHEINRICH, Circuit Judge. Defendant-Appellant Rodney Southers appeals the district court’s finding at sentencing that he qualified as an armed career criminal under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), and claims, for the first time on direct appeal, that he had ineffective counsel at sentencing. For the following reasons we affirm the district court’s finding, and decline to entertain Defendant’s Sixth Amendment claim.



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ANITA ARRINGTON-BEY, Administratrix of the Estate of Omar K. Arrington-Bey,
Plaintiff-Appellee,
v.
CITY OF BEDFORD HEIGHTS, OHIO; TIM HONSAKER; MAURICE ELLIS; PHILLIP CHOW; DAVID LEONARDI; JEFFREY MUDRA; CHERYL SINDONE; CYNTHIA LEE; CAROLYN HILL,
Defendants-Appellants.
   No. 16-3317
Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:14-cv-02514—Patricia A. Gaughan, District Judge.
Argued: February 1, 2017
Decided and Filed: February 24, 2017
Before: BATCHELDER, SUTTON, and KETHLEDGE, Circuit Judges.


_________________________
OPINION
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SUTTON, Circuit Judge. When Omar Arrington-Bey died in a Bedford Heights jail cell, that was not an obvious consequence of his arrest for disturbing the peace at a Lowe’s store. The question is whether bad luck, negligence by the relevant local law enforcement officials, or deliberate indifference by them caused his death. In suing the officers involved in his arrest and detention and the City, Omar’s mother, Anita Arrington-Bey, took the position that the officers’ deliberate indifference and lack of adequate training caused her son’s death, making them liable under the Fourteenth Amendment and Ohio law. The district court largely agreed. It denied federal and state immunity to all but one defendant, dismissed the state law and punitive damages claims against the City, and denied summary judgment to the City on the federal constitutional claim. We must reverse, however, because there was no violation of a clearly established constitutional right, and the officers did not act with the recklessness that would permit them to be liable under Ohio law.



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NATIONAL LABOR RELATIONS BOARD,
Petitioner,
v.
ALTERNATIVE ENTERTAINMENT, INC.,
Respondent.
   No. 16-1385
On Application for Enforcement of a Final Decision
and Order of the National Labor Relations Board.
No. 07-CA-144404.
Argued: November 30, 2016
Decided and Filed: May 26, 2017
Before: MOORE, SUTTON, and WHITE, Circuit Judges.


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OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. Petitioner National Labor Relations Board (NLRB) seeks enforcement of a Decision and Order of the NLRB finding that Respondent Alternative Entertainment, Inc. (AEI) violated the National Labor Relations Act (NLRA). AEI seeks relief from the order. The NLRB argues that AEI violated the NLRA by barring employees from pursuing class-action litigation or collective arbitration of work-related claims. The NLRB also contends that AEI violated the NLRA by forbidding James DeCommer, an AEI technician, from discussing a proposed compensation change with his coworkers and by firing DeCommer for discussing the proposed change and complaining to management about it. For the reasons discussed below, we ENFORCE the NLRB’s Decision and Order.