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KEVIN DARRAH,
Plaintiff-Appellant,
v.
DR. KRISHER; DR. ANDREW EDDY; KAREN STANFORTH; DR. DAVID WEIL,
Defendants-Appellees.
   No. 15-4136
Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:12-cv-00899—George C. Smith, District Judge.
Argued: December 7, 2016
Decided and Filed: July 26, 2017
Before: BOGGS, GILMAN, and DONALD, Circuit Judges.


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OPINION
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BERNICE BOUIE DONALD, Circuit Judge. Kevin Darrah, an inmate at the Madison Correctional Institution (“MCI”) in London, Ohio, filed suit against Defendants, Doctors Krisher, Eddy, and Weil and Nurse Stanforth, under 42 U.S.C. § 1983, claiming that by denying and delaying necessary medical treatment, Defendants violated his right to be free from cruel and unusual punishment under the Eighth Amendment. The district court granted Defendants’ motion for summary judgment. Darrah now challenges the district court’s grant of summary judgment on appeal. For the reasons that follow, we REVERSE the district court’s order and REMAND this case for further proceedings consistent with this opinion.



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JOSEPH PRIVETT,
Plaintiff-Appellant,
v.
SECRETARY, DEPARTMENT OF HOMELAND SECURITY, et al.,
Defendant-Appellee.
   No. 16-3243
Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 1:14-cv-00714—Susan J. Dlott, District Judge.
Argued: December 8, 2016
Decided and Filed: July 26, 2017
Before: COLE, Chief Judge; BOGGS and SILER, Circuit Judges.


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OPINION
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BOGGS, Circuit Judge. In 2013, Joseph Privett sought to bring his spouse, Doris, into the United States by filing an I-130 immigrant visa petition. Because Privett had been convicted of a sexual offense in 2004, however, the petition implicated the Adam Walsh Child Protection and Safety Act of 2006 (“AWA”), Pub. L. No. 109-248, 120 Stat. 587, which prevents American citizens “convicted of a specified offense against a minor” from filing petitions on behalf of immediate relatives (including spouses) that would permit those relatives to apply for an immigrant visa and Green Card unless the Secretary of Homeland Security (“Secretary”) determines that the citizen “poses no risk to the alien” who is the subject of the petition. 8 U.S.C. § 1154(a)(1)(A)(viii)(I). United States Citizenship and Immigration Services (“USCIS”) denied Privett’s petition after determining that he could pose a risk to his wife, and he then filed suit against the Secretary of Homeland Security and others, claiming violations of the Ex Post Facto Clause, the Fifth and Eighth Amendments, and the Administrative Procedure Act (“APA”). The district court granted the defendants’ motion to dismiss on jurisdictional grounds, holding that the denial fell within the unreviewable discretion of the Secretary. We affirm in part and reverse in part.



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DAVID A. HERR; PAMELA F. HERR,
Plaintiffs-Appellants,
v.
UNITED STATES FOREST SERVICE; SONNY PERDUE, Secretary of Agriculture; TOM TIDWELL, Chief of the United States Forest Service; KATHLEEN ATKINSON, Regional Forester for the Eastern Region of the United States Forest Service; LINDA JACKSON, Forest Supervisor, Ottawa National Forest; TONY HOLLAND, District Ranger, Watersmeet - Iron River Ranger Districts,
Defendants-Appellees,

SWC, LLC; TIMOTHY A. SCHMIDT; FRIENDS OF SYLVANIA; UPPER PENINSULA ENVIRONMENTAL COALITION,
Intervenors-Appellees.
   No. 16-2126
Appeal from the United States District Court
for the Western District of Michigan at Marquette.
No. 2:14-cv-00105—R. Allan Edgar, District Judge.
Argued: June 15, 2017
Decided and Filed: July 26, 2017
Before: SUTTON and DONALD, Circuit Judges; ZOUHARY, District Judge.


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OPINION
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SUTTON, Circuit Judge. David and Pamela Herr bought lakefront property on Crooked Lake in the Upper Peninsula of Michigan, hoping to use the lake’s waters for recreational boating and fishing. The United States Forest Service had other plans. Most of Crooked Lake lies in the federally owned Sylvania Wilderness yet some of it remains under private ownership. Congress gave the Forest Service authority to regulate any use of Crooked Lake and nearby lakes “subject to valid existing rights.” The Forest Service promulgated two regulations, one prohibiting gas-powered motorboats, the other limiting electrically powered motorboats to nowake speeds throughout the wilderness area. Both regulations exceed the Forest Service’s power as applied to the Herrs and the other private property owners on the lake. Under Michigan riparian-rights law, in truth littoral-rights law, lakeside property owners may use all of a lake, making the Herrs’ right to use all of the lake in reasonable ways the kind of “valid existing rights” that the Forest Service has no warrant to override.