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PEMBAUR v. CITY OF CINCINNATI

Nos. 87-4061, 87-4130.

882 F.2d 1101 (1989)

Bertold J. PEMBAUR, M.D., Plaintiff-Appellant, Cross-Appellee, v. CITY OF CINCINNATI, Defendant, Hamilton County, Ohio, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 18, 1989.

Attorney(s) appearing for the Case

Andrew S. Lipton, Manley, Burke & Fischer, Cincinnati, Robert E. Manley (argued), Cincinnati, Ohio, for plaintiff-appellant, cross appellee.

Jerry F. Luttenegger, Asst. City Sol., and Roger E. Friedmann, Asst. Pros. Atty. (argued), Cincinnati, Ohio, for defendants-appellees, cross appellants.

Before KRUPANSKY and BOGGS, Circuit Judges, and EDWARDS, Senior Circuit judge.

BOGGS, Circuit Judge.

Pembaur appeals a judgment awarding him only nominal damages in this civil rights action, and Hamilton County (the County) cross-appeals. He claims that, once a violation of his rights has been shown, he should be compensated fully for his injuries. The trial judge awarded nominal damages based on his finding that any injuries Pembaur suffered were not proximately caused by the civil rights violations.

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