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FEASTER v. MIKSCH

No. 87-3777.

846 F.2d 21 (1988)

Royal FEASTER, Plaintiff-Appellee, v. Thomas MIKSCH, Terry Livers, Joseph Barclay, Phillip Barnes, and City of Akron, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 2, 1988.

Attorney(s) appearing for the Case

Patricia C. Ambrose Rubright (argued), Asst. Director of Law, Akron, Ohio, for defendants-appellants.

James R. Willis (argued), Cleveland, Ohio, for plaintiff-appellee.

Before KENNEDY and RYAN, Circuit Judges, and PECK, Senior Circuit Judge.

KENNEDY, Circuit Judge.

Defendants, police officers of the city of Akron, appeal the refusal by the District Court to grant them summary judgment on the basis of qualified immunity in this section 1983 action. Alternatively, they assert that the District Court should have abstained from proceeding in this case pending the outcome of state criminal proceedings against Royal Feaster, the plaintiff in this case.

The decision of whether to abstain and the question...

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