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WALTON v. CITY OF SOUTHFIELD

Nos. 91-2049, 91-2083 and 91-2115.

995 F.2d 1331 (1993)

Barbara WALTON, individually and as next friend of Courtney Walton and Kamara Walton, Plaintiffs-Appellees, v. CITY OF SOUTHFIELD, Keith Birberick, Robert Castleman, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 10, 1993.

Attorney(s) appearing for the Case

Dolores Preston-Cooper, Patrick, Fields & Preston-Cooper, Detroit, MI (argued and briefed), for Barbara Walton.

Yvonne M. Jennings, Patrick, Fields & Preston-Cooper, Detroit, MI (argued), for Courtney Walton.

Lawrence C. Patrick, Jr., Patrick, Fields & Preston-Cooper, Detroit, MI, for Kamara Walton.

Marcia L. Howe (argued and briefed), Cummings, McClorey, Davis & Acho, Livonia, MI, Susan P. Ward, Southfield, MI, for City of Southfield, Keith Birberick, Officer, and Robert Castleman, Officer.

T. Joseph Seward, Marcia L. Howe, Cummings, McClorey, Davis & Acho, Livonia, MI, for Robert Castleman, Officer.

Before: SILER and BATCHELDER, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

BATCHELDER, Circuit Judge.

In this case, the City of Southfield and several officers of the Southfield Police Department appeal the district court's finding that they are not entitled to summary judgment as to several claims brought under 42 U.S.C. § 1983 and Michigan law. We affirm the district court in part and reverse in part.

I.

The facts of this case revolve in large measure around an exercise of very poor judgment on the part of the defendant...

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