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TURNER v. SCOTT

No. 96-6071.

119 F.3d 425 (1997)

Eva TURNER, Plaintiff-Appellee, v. Michael SCOTT, individually and in his official capacity, Defendant-Appellant, City of Newport; Tom Fromme, James Kane, and Howard Niemeier, in their official capacities; John Doe I and John Doe II, individually and in their official capacities, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided July 16, 1997.

Attorney(s) appearing for the Case

William H. Van Herp (argued and briefed), Van Herp & Howell, Covington, KY, for Plaintiff-Appellee.

David Whalin (argued and briefed), Landrum & Shouse, Louisville, KY, David R. Steele (briefed), Spalding, Hanna, Rouse & Steele, Covington, KY, for Defendant-Appellant.

Before: NELSON and NORRIS, Circuit Judges; COHN, District Judge.

DAVID A. NELSON, J., delivered the opinion of the court, in which ALAN E. NORRIS, J., joined. COHN, D.J. (pp. 430-433), delivered a separate dissenting opinion.

OPINION

DAVID A. NELSON, Circuit Judge.

This is an interlocutory appeal from an order denying qualified immunity to defendant Michael Scott, a police officer. The plaintiff, Eva Turner, alleges that Officer Scott failed to prevent a fellow officer from using excessive force against her. Concluding...

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