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GIBSON v. McMURRAY

Nos. 97-1215, 97-2073.

159 F.3d 230 (1998)

James D. GIBSON, Plaintiff-Appellee, v. Samuel McMURRAY, Defendant-Appellant, Latrice Sain, et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided October 20, 1998.

Attorney(s) appearing for the Case

Douglas R. Mullkoff (briefed), Kessler, Mullkoff & Hooberman, Ann Arbor, MI, F. Mark Hugger (argued and briefed), Hugger Palvic, Ann Arbor, MI, for Plaintiff-Appellee.

Michael S. Bogren (briefed), Plunkett & Cooney, Kalamazoo, MI, for Sain and Muskegon Heights Police Dept.

Thomas M. Weibel, Smith, Haughey, Rice & Roegge, Grand Rapids, MI, for West, Stevens, Bryant, Vines, Burns, Hill, Watson, Wheeler, Jones and Garner.

Mary Massaron Ross (argued and briefed), Plunkett & Cooney, Detroit, MI, for Defendant-Appellant.

Before: MERRITT, SILER, and GILMAN, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

Defendant Samuel McMurray, a police chief in Muskegon Heights, Michigan, appeals the denial of his motion to dismiss on several grounds in this § 1983 civil rights action. For the reasons discussed below, we reverse the order of the district court and dismiss the suit against McMurray.

I.

Because this is an appeal from a denial of a motion to dismiss, defendant Samuel McMurray, the Chief of Police of...

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