Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:14-cv-02693—Edmund A. Sargus, Jr., Chief District Judge.
Argued: November 30, 2017
Decided and Filed: July 11, 2018v
Before: DAUGHTREY, MOORE, and SUTTON, Circuit Judges.
MARTHA CRAIG DAUGHTREY, Circuit Judge. Teresa Barry, a judicial
administrative assistant, sued three judges and two employees of the Franklin County Municipal
Court under 42 U.S.C. § 1983, claiming retaliation in violation of the Free Speech Clause of the
First Amendment and gender discrimination in violation of the Equal Protection Clause of the
Fourteenth Amendment. The defendants moved for summary judgment, and the district court
held in favor of the defendants—except on two claims against defendant Judge James O’Grady,
a First Amendment retaliation claim and a Fourteenth Amendment equal-protection, gender discrimination
claim. On those two claims, the district court rejected O’Grady’s qualified immunity
argument and concluded that summary judgment was not appropriate because genuine
disputes of material fact remain.
On appeal, O’Grady contends that the district court erred in denying him qualified
immunity on the two remaining claims. Because O’Grady’s argument relies on disagreements
with the district court’s weighing of facts and factual inferences—and not questions of law—we
have no jurisdiction and must dismiss the appeal. See Johnson v. Jones, 515 U.S. 304, 319–20