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ROBERTSON v. MORGAN

No. 98-4150.

227 F.3d 589 (2000)

Denver ROBERTSON, Petitioner-Appellant, v. John MORGAN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 14, 2000.

Rehearing Denied October 4, 2000.

Attorney(s) appearing for the Case

Mark D. McGraw (argued and briefed), Cleveland, Ohio, for Petitioner-Appellant.

Todd R. Marti (argued and briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, Ohio, for Respondent-Appellee.

Before: GUY, BOGGS, and SUHRHEINRICH, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

Denver Robertson, Dante Pester, and Roscoe Woodberry attacked Daniel Finley in Cleveland, Ohio in the early morning of October 2, 1992. After exchanging a few words with Finley, who happened to be an off-duty corrections officer with the Cuyahoga County Sheriff's Department, Pester "sickled" him (struck his neck) with his forearm. According to the facts as found by the Ohio state courts, Robertson and Woodberry joined Pester...

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