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DODRILL v. LUDT

No. 84-3712.

764 F.2d 442 (1985)

Thomas DODRILL, Plaintiff-Appellant, v. Robert LUDT, Niles Police Department; John A. Ross, Niles Police Department; and City of Niles, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 11, 1985.

Attorney(s) appearing for the Case

Anthony V. Consoldane (argued), Mark E. Holko (argued), Warren, Ohio, for plaintiff-appellant.

James J. Miscoky (argued), Douglas J. Neuman, Niles, Ohio, for defendants-appellees.

Before KENNEDY and KRUPANSKY, Circuit Judges, and TIMBERS, Senior Circuit Judge.

PER CURIAM.

Plaintiff Dodrill appeals from the District Court's order granting summary judgment to defendants in this suit brought under 42 U.S.C. § 1983. We reverse.

In May 1982, Dodrill was arrested for possession of marijuana in violation of a Niles, Ohio municipal ordinance. Dodrill's pretrial motion to prevent the marijuana from being introduced as evidence, due to an alleged fourth amendment violation, was denied. Dodrill was subsequently convicted...

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