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PRAY v. CITY OF SANDUSKY

No. 93-4284.

49 F.3d 1154 (1995)

Velma M. PRAY and Joe N. Pray, Plaintiffs-Appellees, v. CITY OF SANDUSKY, et al., Defendants, Phillip Frost, Officer, Sandusky Police Department; Curt Muehling, Captain, Sandusky Police Department; C.W. Sams, Officer, Sandusky Police Department, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 21, 1995.

Attorney(s) appearing for the Case

Marc G. Williams-Young, Spitler & Williams-Young, Toledo, OH (briefed), for plaintiffs-appellees.

Mark B. Marein, Synenberg & Marein, Cleveland, OH (briefed), for Frost.

Paul F. Meyerhoefer (briefed), Carpenter, Paffenbarger, McGimpsey & Meyerhoefer, Norwalk, OH, Mark B. Marein, Synenberg & Marein, Cleveland, OH, for Curt Muehling, C.W. Sams.

Before: MERRITT, Chief Judge; BROWN and BATCHELDER, Circuit Judges.

BROWN, J., delivered the opinion of the court, in which MERRITT, C.J., joined.

BATCHELDER, J. (pp. 1161-62), delivered a separate opinion concurring in the result.

BAILEY BROWN, Circuit Judge.

The plaintiffs, Velma and Joe Pray, brought a civil rights suit under 42 U.S.C. § 1983 against various police officers and a municipality alleging an illegal search and seizure and excessive force in violation of the Fourth Amendment. After removal to federal...

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