STALLWORTH v. CITY OF CLEVELAND

No. 88-3482.

893 F.2d 830 (1990)

Azalean STALLWORTH, and the Estate of Albert Stallworth, Plaintiffs-Appellees, v. CITY OF CLEVELAND, Defendant-Appellant, Sanford Currie, Lawrence Forgach, Raymond Gercar, William Hanton, Joseph Mismas, and Reginald Turner, in their official capacities, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided January 11, 1990.

Rehearing and Rehearing Denied March 5, 1990.


Attorney(s) appearing for the Case

Keith E. Spero, Alan H. Kraus, Sperio & Rosenfield, Cleveland, Ohio, for plaintiffs-appellees.

Kathleen A. Martin, City of Cleveland Law Dept., Office of Director of Law, Cleveland, Ohio, for defendants-appellants.

Before KEITH and WELLFORD, Circuit Judges, and GILMORE, District Judge.


Rehearing and Rehearing En Banc Denied March 5, 1990.

GILMORE, District Judge.

This case arises from an incident that occurred June 13, 1985, between Plaintiff Azalean Stallworth and Defendant Sanford Currie, a Police Officer for the City of Cleveland.

On the date in question, Plaintiff was parked illegally outside the Bolton Elementary School in Cleveland, waiting for her grandchild. After she picked up the child, Defendant Currie, who was in a marked...

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