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ELLIOT v. LATOR

No. 06-2006.

497 F.3d 644 (2007)

Steve ELLIOT; Glenda Elliot; Hunter Elliot; Nathan Elliot; and Megan Elliot, Plaintiffs-Appellees, v. Joshua LATOR and Scott Taylor, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 10, 2007.

Attorney(s) appearing for the Case

ON BRIEF: James T. Farrell, Ann M. Sherman, Office of the Attorney General, Lansing, Michigan, for Appellants. Christopher J. Trainor, Trainor & Associates, White Lake, Michigan, for Appellees.

Before: MARTIN and SUTTON, Circuit Judges; GRAHAM, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This case poses a curious procedural and jurisdictional question: In a civil rights action in which defendants are denied qualified immunity by the district court, do we have jurisdiction to hear an interlocutory appeal of this denial under the exception carved out in Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), if the defendants have not accompanied...

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