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BARNES v. WINCHELL

No. 95-4008.

105 F.3d 1111 (1997)

Johnida W. BARNES, Plaintiff-Appellee, v. Byron R. WINCHELL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

February 3, 1997.

Attorney(s) appearing for the Case

David L. Day (argued and briefed), Columbus, OH, for Plaintiff-Appellee.

George D. Jonson, Elizabeth A. McCord (argued and briefed), Montgomery, Rennie & Jonson, Cincinnati, OH, for Defendant-Appellant.

Before NELSON, MOORE, and COLE, Circuit Judges.

MOORE, Circuit Judge.

This appeal addresses whether absolute judicial immunity extends to actions taken by a state judge that were allegedly prosecutorial in nature. Defendant-Appellant, former Ohio Municipal Court Judge Byron R. Winchell, appeals the district court's denial of his motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) on the basis of his absolute judicial immunity in this 42 U.S.C. § 1983 damages action brought by Plaintiff-Appellee...

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