United States Sixth Circuit

In a 42 U.S.C. section 1983 action brought by relatives and representatives of an individual who died after Cincinnati police officers subdued and placed him under arrest, denial of summary judgment for defendants is affirmed where they were not entitled to qualified immunity on the basis of the facts alleged in the complaint.

Appellate Information

• Decided 04/04/2008
• Published 04/04/2008

Judges

• Before:  MARTIN and SUTTON, Circuit Judges;  OBERDORFER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Richard Ganulin, City Solicitor's Office for the City of Cincinnati, Cincinnati, Ohio, for Appellants.  Eric C. Deters, Eric C. Deters & Associates, P.S.C., Independence, Kentucky, for Appellees.   ON BRIEF:  Richard Ganulin, City Solicitor's Office for the City of Cincinnati, Cincinnati, Ohio, for Appellants.  Eric C. Deters, Eric C. Deters & Associates, P.S.C., Independence, Kentucky, for Appellees.