PHELPS v. COY

No. 00-4257.

286 F.3d 295 (2002)

Glenn W. PHELPS, Jr., Plaintiff-Appellee, v. Robert M. COY, Jr., Defendant-Appellant, Christin Stutes, et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 10, 2002.


Attorney(s) appearing for the Case

David M. Deutsch (argued and briefed), Dayton, OH, for Appellee.

Lawrence Edward Barbiere (argued and briefed), Schroeder, Maundrell, Barbiere & Powers, Cincinnati, OH, for Appellant.

Before SILER, CLAY, and GIBSON, Circuit Judges.


OPINION

JOHN R. GIBSON, Circuit Judge.

In this case, a civil rights defendant takes an interlocutory appeal from the district court's denial of his motion requesting summary judgment on the ground of qualified immunity. Glenn Phelps sued Robert M. Coy, Jr., a sergeant in the Xenia, Ohio police department, alleging that Coy used unnecessary force while booking Phelps for a misdemeanor, specifically that Coy threw Phelps to the ground and banged his head against...

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