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RUSSO v. CITY OF CINCINNATI

Nos. 90-3432, 90-3936.

953 F.2d 1036 (1992)

Karen S. RUSSO, Individually and as Administrator of the Estate of Thomas Bubenhofer, et al., Plaintiffs-Appellees, Cross-Appellants, v. CITY OF CINCINNATI, et al., Defendants, Cross-Appellees, Richard Sizemore, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 15, 1992.

Attorney(s) appearing for the Case

Steven M. Magas (argued), Thomas R. Smith (briefed), Cincinnati, Ohio, for petitioners-appellees, cross-appellants and plaintiffs-appellees.

William M. Gustavson (argued & briefed), Richard H. Castellini (briefed), City Solicitor's Office, Donald E. Hardin (briefed), Swain, Hardin & Hill, Cincinnati, Ohio, for defendants, cross-appellees and defendant-appellant.

Before JONES and SUHRHEINRICH, Circuit Judges; and WELLFORD, Senior Circuit Judge.

NATHANIEL R. JONES, Circuit Judge.

On January 6, 1988, plaintiffs-appellees, the estate and family of Thomas Bubenhofer, filed a complaint seeking relief under 42 U.S.C. § 1983 (1988) against defendants-appellants, Police Sergeant Richard Sizemore, Police Officer Robert Burch Scholl, Police Specialist Sandra Lemker, and the City of Cincinnati for the shooting death of Thomas Bubenhofer. The plaintiffs alleged three theories of recovery: (1) that the officers...

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