United States Sixth Circuit

In plaintiff's suit against a city and multiple officers and detectives on variety of state and federal claims, arising from a conviction for raping and murdering his mother-in-law and assaulting and raping his six-year-old niece, for which he was exonerated when DNA evidence proved that his neighbor had committed the crimes, denial of summary judgment for defendants on certain claims is affirmed where: 1) district court's denial of summary judgment as to the officers' liability on plaintiff's section 1983 claim is affirmed as the memorandum at issue was apparently exculpatory in light of the whole case at the time and the officers' failure to disclose it violated plaintiff's right to due process; and 2) under the Ohio law in place at the time that plaintiff's claims for malicious prosecution and loss of consortium claims accrued, the court lacks jurisdiction to review an interlocutory appeal of a denial of immunity from liability under state law.

Appellate Information

• Argued 06/09/2010
• Decided 08/10/2010
• Published 08/10/2010

Judges

• MARTIN

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• John T. McLandrich, Russell Ainsworth