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YATES v. CITY OF CLEVELAND

No. 90-3556.

941 F.2d 444 (1991)

Jerome YATES, Jameela Yates, Plaintiffs-Appellees, v. CITY OF CLEVELAND, Defendant, Sanford L. Currie, Officer, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 12, 1991.

Rehearing and Rehearing Denied October 1, 1991.

Attorney(s) appearing for the Case

Terry H. Gilbert (argued), Friedman, Gilbert & Berezin, Cleveland, Ohio, for plaintiffs-appellees.

Gary R. Williams (argued), City of Cleveland Law Dept. Office of Director of Law, Roberto H. Rodriguez, Cleveland, Ohio, for defendant and defendant-appellant.

Before JONES and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge.

Rehearing and Rehearing En Banc Denied October 1, 1991.

NATHANIEL R. JONES, Circuit Judge.

This case involves a section 1983 claim of excessive force against a police officer and a municipality. The district court denied a summary judgment motion based on the police officer's qualified immunity. The defendant then brought this interlocutory appeal of the denial of qualified immunity under Mitchell v. Forsyth, 472 U.S. 511

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