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BOYD v. BAEPPLER

No. 99-3234

215 F.3d 594 (2000)

Bertha BOYD, Plaintiff-Appellee, v. Matthew BAEPPLER; David Wilsman, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 6, 2000

Rehearing and Suggestion for Rehearing Denied July 27, 2000

Attorney(s) appearing for the Case

Jaye M. Schlachet (argued and briefed), Cleveland, Ohio, for Appellee.

Thomas J. Kaiser (argued), Joseph John Jerse, City of Cleveland Law Department, Office of the Director of Law, Jennifer Sorce (briefed), Assistant Director of Law, Cleveland, Ohio, Dawn M. Tarka, Office of the Attorney General, Corrections Litigation Section, Columbus, Ohio, for Appellants.

Before: WELLFORD, BATCHELDER, and DAUGHTREY, Circuit Judges.

WELLFORD, J., delivered the opinion of the court, in which BATCHELDER, J., joined. DAUGHTREY, J. (pp. 604-06), delivered a separate dissenting opinion.

Rehearing and Suggestion for Rehearing En Banc Denied July 27, 2000*

OPINION

WELLFORD, Circuit Judge.

Plaintiff Bertha Boyd, administratrix of the estate of decedent Adolph Boyd, Jr. ("Boyd"), filed a 42 U.S.C. § 1983 action against Cleveland police officers...

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