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FOY v. CITY OF BEREA

No. 94-3200.

58 F.3d 227 (1995)

Cynthia D. FOY, Administratrix of the Estate of Terry A. Foy, deceased, Plaintiff-Appellant, v. CITY OF BEREA; James H. Hinners; M. Schultz; Robert Surgenor; Bruce Merwin, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 22, 1995.

Attorney(s) appearing for the Case

Douglas S. Roberts, Clark, Perdue & Roberts, Columbus, OH, Michael J. Skindell (argued and briefed), Garson & Associates Co., L.P.A., Cleveland, OH, for plaintiff-appellant.

John T. McLandrich (argued and briefed), James A. Climer, Mazanec, Raskin & Ryder, Cleveland, OH, for City of Berea, James H. Hinners, M. Schultz, Robert Surgenor and Bruce Merwin.

Before: MERRITT, Chief Judge; LIVELY and KEITH, Circuit Judges.

AMENDED OPINION

LIVELY, Circuit Judge.

The plaintiff appeals from summary judgment for the defendants and dismissal of her claim that the defendants violated the substantive due process rights of the plaintiff's decedent. The plaintiff alleged that the individual defendants, who are police officers of the city of Berea, Ohio, deprived Terry Foy of a liberty interest — "the right to be free from arbitrary and unjustified intrusion into his personal...

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