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SUTTON v. METROPOLITAN GOV'T OF NASHVILLE COUNTY

No. 11-6449.

700 F.3d 865 (2012)

Jermaine SUTTON, Plaintiff-Appellee, v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, et al., Defendants, Richard Martin, in his individual and official capacities as a Metro Police Officer, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

November 28, 2012.

Attorney(s) appearing for the Case

ON BRIEF: Keli J. Oliver , Derrick C. Smith , Department of Law of the Metropolitan Government of Nashville and Davidson County, Nashville, Tennessee, for Appellant. Andrew N. Egan , Hermitage, Tennessee, Mary Leech , Nashville, Tennessee, for Appellee.

Before: GILMAN, GIBBONS, and ROGERS, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Jermaine Sutton was detained and arrested on a misdemeanor theft charge after Officer Richard Martin was called to a Kroger grocery store following an alleged shoplifting. Officer Martin took possession of a cell phone allegedly dropped by the perpetrator. Based on a conversation with a person listed in the phone's "contacts" list, he went to Summit Medical Center where Sutton worked. The confrontation between the...

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