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GRAVELY v. MADDEN

No. 96-4395.

142 F.3d 345 (1998)

Dorothea GRAVELY, Plaintiff-Appellee, v. John MADDEN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 21, 1998.

Attorney(s) appearing for the Case

Kevin J. O'Brien (briefed), Jay E. Presser (argued and briefed), O'Brien & Lease, Columbus, OH, for Plaintiff-Appellee.

Timothy J. Mangan (argued and briefed), Office of the Atty. Gen., Corrections Litigation Section, Columbus, OH, for Defendant-Appellant.

Before: MERRITT, KENNEDY, and BOGGS, Circuit Judges.

MERRITT, J., delivered the opinion of the court, in which BOGGS, J., joined. KENNEDY, J. (pp. 350-53), delivered a separate opinion concurring in the result.

OPINION

MERRITT, Circuit Judge.

Defendant John Madden, an Ohio corrections officer, appeals an order denying his motion for summary judgment on qualified immunity grounds in this civil rights action arising out of his use of deadly force in apprehending an escaped felon. The District Court rejected...

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