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MARTIN v. CITY OF BROADVIEW HEIGHTS

No. 11-4039.

712 F.3d 951 (2013)

Tanya A. MARTIN, Administratrix of the Estate of William Parker Martin, Plaintiff-Appellee, v. CITY OF BROADVIEW HEIGHTS; City of Broadview Heights Police Department; Ryan Tieber, Officer; Michael Semanco, Officer; Scott Zimmerman, Officer; Rob Novotny, Officer; Robert Lipton, Chief; Steve Kopniske, Lt.; Tim Scarbrough, Sgt.; John Doe I thru III, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 9, 2013.

Attorney(s) appearing for the Case

ARGUED: Frank H. Scialdone , Mazanec, Raskin & Ryder Co., L.P.A., Cleveland, Ohio, for Appellants. S. Michael Lear , Zukerman, Daiker & Lear Co., L.P.A., Cleveland, Ohio, for Appellee. ON BRIEF: Frank H. Scialdone , John T. McLandrich , Mazanec, Raskin & Ryder Co., L.P.A., Cleveland, Ohio, for Appellants. S. Michael Lear , Larry W. Zukerman , Zukerman, Daiker & Lear Co., L.P.A., Cleveland, Ohio, for Appellee.

Before: GUY, DAUGHTREY, and STRANCH, Circuit Judges.

OPINION

JANE B. STRANCH, Circuit Judge.

This excessive force case against officers of the Broadview Heights Police Department (BHPD) and the City of Broadview Heights arises from the fatal arrest of William Parker Martin, an unarmed and mentally unstable 19-year-old. Martin's estate sued several BHPD officials asserting that the use of excessive force during the arrest violated Martin's rights under the Constitution and Ohio law. The estate also sued the...

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