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FOSTER v. WALSH

No. 88-3256.

864 F.2d 416 (1988)

David M. FOSTER, Plaintiff-Appellee, v. Lawrence J. WALSH, Clerk, Akron Municipal Court, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 14, 1988.

Attorney(s) appearing for the Case

Frank C. Rote, III (argued), Akron, Ohio, for David M. Foster, plaintiff-appellee.

Cheri B. Cunningham, Rhonda L. Hendricks, Director of Law, Akron, Ohio, for Lawrence J. Walsh, Clerk, Akron Mun. Court, defendant-appellant, Charles D. Parke, Referee, Akron Mun. Court, defendant, Akron Mun. Court, defendant-appellant.

Before LIVELY and NELSON, Circuit Judges, and PECK, Senior Circuit Judge.

PER CURIAM.

Pursuant to an outstanding warrant issued by the Akron Municipal Court, plaintiff David Foster was arrested by the state police for failure to pay a traffic fine. The warrant was issued in error, the fine already having been paid.

Mr. Foster sued the Akron Municipal Court and two of its officers in federal court under 42 U.S.C. § 1983. The defendants moved to dismiss on a variety of grounds, among them that the officers (the court clerk and...

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