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BROWN v. SHANER

No. 97-4406.

172 F.3d 927 (1999)

Jeffery BROWN; Lynette Brown; Kevin Johnson; Keith Johnson; Crystal Reid, by and through their mother and next friend Lynette Brown, Plaintiffs-Appellants, v. William SHANER; William Goodlet; City of Toledo, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 15, 1999.

Rehearing and Rehearing Denied June 7, 1999.

Attorney(s) appearing for the Case

Alan W. Penamon (argued and briefed), Toledo, Ohio, for Plaintiffs-Appellants.

Samuel J. Nugent (argued and briefed), Office of the City of Toledo, Law Department, Toledo, Ohio, for Defendants-Appellees.

Before: MERRITT and MOORE, Circuit Judges; DUGGAN, District Judge.

Rehearing and Rehearing En Banc Denied June 7, 1999.

MERRITT, Circuit Judge.

On March 11, 1995, defendants William Shaner and William Goodlet of the Toledo, Ohio, Police Department went to the residence of plaintiff Jeffery Brown to arrest him pursuant to six outstanding arrest warrants. Both officers were in uniform and were conspicuously identified as Toledo police officers. When they arrived, both Brown and his wife Lynette were asleep in their bedroom...

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