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WAGGONER v. MOSTI

Nos. 85-3240, 85-3251 and 85-3304.

792 F.2d 595 (1986)

Oliver WAGGONER, et al., Plaintiffs-Appellees, Cross-Appellees (85-3240/3304), Appellants (85-3251), v. Howard MOSTI, et al., Defendants-Appellants, Cross-Appellants (85-3240/3304) Appellees (85-3251).

United States Court of Appeals, Sixth Circuit.

Decided June 12, 1986.

Attorney(s) appearing for the Case

Barry M. Hill, argued, Zagula, Hill, Dittmar & Thomas, Weirton, W.Va., for Waggoner.

David L. Day, argued, Columbus, Ohio, for Mosti.

Before MARTIN and KRUPANSKY, Circuit Judges; and CHURCHILL, District Judge.

CHURCHILL, District Judge.

The plaintiff, Oliver Waggoner, was arrested on October 29, 1980, in Toronto, Ohio, by Toronto Police Officers Howard Mosti and Michael Donohue. In the process of being arrested and soon after his arrest, the plaintiff suffered severe injuries including a fractured jaw and a fractured knee. Waggoner subsequently commenced a suit in the Southern District of Ohio, seeking damages under 42 U.S.C. § 1983 and under a pendent state claim...

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