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United States Sixth Circuit


CLAYBROOK v. BIRCHWELL, 01-5073

In an excessive force case involving a gunfight with distinct segments, the issue over who fired the first shots in each of the segments constitute issues of material fact sufficient to deny police officers qualified immunity.

Appellate Information

  • Decided 12/21/2001
  • Published 12/21/2001

Judges

  • Before:  DAUGHTREY, GILMAN, and GIBSON, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • E.E. Edwards, III (argued and briefed), Edwards, Simmons & Oliver, Nashville, TN, for Plaintiffs-Appellees., Francis H. Young (argued and briefed), Metropolitan Department of Law, Nashville, TN, for Defendants-Appellants.
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