Steven Ondo v. City of Cleveland

I join all but Parts III.B and III.C of Judge Batchelder’s thorough and persuasive opinion. In Part III.B, the majority holds that Ondo and Simcox preserved one of their equal protection arguments— namely, their claim that “the officers’ keeping them in their boxer shorts while transporting them to jail violated the Equal Protection Clause.” Supra at 607. I respectfully disagree. During oral argument, counsel for Ondo and Simcox conceded that all of their equal protection claims would fail if the plaintiffs’ affidavits were stricken. Oral Argument at 10:12-55, Ondo v. City of Cleveland (No.…