No. 90-3053.

933 F.2d 401 (1991)

Ernest JACKSON, Sr., Plaintiff-Appellee, v. Raymond HOYLMAN and Robert Bidwell, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 22, 1991.

Attorney(s) appearing for the Case

George C. Rogers (argued), Rogers & Godbey, Toledo, Ohio, for Ernest Jackson, Sr.

Thomas A. Karol, Asst. U.S. Atty., Western Div., Toledo, Ohio, for Raymond Hoylman, U.S. Marshal.

Thomas A. Karol, Asst. U.S. Atty., Lori M. Beranek (argued), Barbara C. Biddle, U.S. Dept. of Justice, Appellate Staff, Civ. Div., Washington, D.C., for Robert Bidwell, U.S. Marshal.

Before MARTIN, RYAN, and SUHRHEINRICH, Circuit Judges.

RYAN, Circuit Judge.

Defendants Hoylman and Bidwell appeal the denial of their summary judgment motion based on qualified immunity in this Bivens-type action. See Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The question before us is whether the district court err in denying the defendants' claim of qualified immunity. We conclude that because...

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