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MILLER v. CALHOUN COUNTY

No. 03-2434.

408 F.3d 803 (2005)

Rossie Marie MILLER, Personal Representative of the Estate of John King Lindsay Stanford, Deceased, Plaintiff-Appellant, v. CALHOUN COUNTY; Sheriff Allen L. Byam; Captain Terry Cook; Sergeant Michelle Lindsay; Deputy Melinda Osteen; Deputy Lapham; Deputy Jeffrey S. Holley; Deputy Holly Thomas; Sergeant Marcia Leavell; Deputy Everett; Dr. Mehmet B. Ismailoglu, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 27, 2005.

Attorney(s) appearing for the Case

ARGUED: Mark R. Bendure, Bendure & Thomas, Detroit, Michigan, for Appellant. Joseph Nimako, Cummings, Mcclorey, Davis & Acho, Livonia, Michigan, Randy J. Hackney, Hackney, Grover, Hoover & Bean, East Lansing, Michigan, for Appellees. ON BRIEF: Mark R. Bendure, Bendure & Thomas, Detroit, Michigan, for Appellant. Joseph Nimako, Cummings, McClorey, Davis & Acho, Livonia, Michigan, Randy J. Hackney, Loretta B. Subhi, Hackney, Grover, Hoover & Bean, East Lansing, Michigan, for Appellees.

Before: SUHRHEINRICH and GILMAN, Circuit Judges; and ACKERMAN, District Judge.

OPINION

ACKERMAN, District Judge.

Plaintiff, Rossie Marie Miller, appeals from two orders of the District Court granting summary judgment in favor of all of the defendants in this wrongful death action brought pursuant to 42 U.S.C. § 1983 and denying Miller's motion for leave to amend the Complaint. Miller initiated the action after her brother, John King Lindsay Stanford, died of a brain tumor on April 26, 1998 while in pretrial custody at the Calhoun...

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