United States Sixth Circuit

Defendant is not entitled to qualified immunity against plaintiff's Fourth Amendment claim of excessive force since plaintiff properly alleged a violation of a clearly established constitutional right within the factual context of the case.

Appellate Information

• Decided 05/09/2005
• Published 05/12/2005

Judges

• Before:  NELSON and MOORE, Circuit Judges;  RESTANI, Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Patricia Ambrose Rubright, City of Akron Department of Law, Akron, Ohio, for Appellant.  David C. Sheldon, John Brooks Cameron & Associates, Medina, Ohio, for Appellee.   ON BRIEF:  Patricia Ambrose Rubright, Bruce H. Christensen, Jr., City of Akron Department of Law, Akron, Ohio, for Appellant.  David C. Sheldon, John Brooks Cameron & Associates, Medina, Ohio, Craig T. Weintraub, Beachwood, Ohio, for Appellee.