Lisboa v. City of Cleveland Heights
United States Court of Appeals for the Sixth Circuit
2014 WL 3891290 (2014)
- Written by Sarah Holley, JD
Facts
Kimberly Lisboa (plaintiff) owned a popular nightclub in Cleveland Heights, Ohio, that brought fights, noise problems, and underage drinking to the area. These activities prompted the City of Cleveland Heights (defendant) to declare the club a public nuisance. The city sued Lisboa in state court, seeking an injunction to stop the nuisance. Lisboa sued the city in a separate state-court action, arguing that the nuisance charge was baseless, and that the city had enforced its ordinances in a racially discriminatory manner. The cases were consolidated, and the parties entered into a settlement agreement that permitted Lisboa to operate her club for a time but eventually required her to close the club. The settlement agreement was memorialized by consent decree. Two months later, Lisboa filed this action against the city in federal court, alleging due-process and equal-protection violations surrounding the city’s public-nuisance action. The district court granted the city’s motion for judgment on the pleadings based on claim preclusion. Lisboa appealed.
Rule of Law
Issue
Holding and Reasoning (Sutton, J.)
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