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WATKINS v. CITY OF BATTLE CREEK

No. 00-1502.

273 F.3d 682 (2001)

Lily V. WATKINS, Personal Representative for the Estate of Ralph L. Watkins, Jr., Deceased, Plaintiff-Appellant, v. CITY OF BATTLE CREEK; Jeffrey P. Kruithoff, Battle Creek Chief of Police; Scott Metzgar; Dennis Wilkins; Steve Kinne; Matthew Robinson; Victor Pierce; William Howe; Dian Cantrell; Allen L. Byam, Sheriff, Calhoun County; Thomas McHale; James McDonagh; John Everett; Phil Allen, in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 11, 2001.

Rehearing Denied January 11, 2002.

Attorney(s) appearing for the Case

Thomas J. Hirsch (argued nd briefed), Kalamazoo, MI, for Plaintiff-Appellant.

Clyde J. Robinson (briefed), Barbara Ann Hobson (argued), Battle Creek, MI, Joseph Nimako (argued and briefed), Cummings, McClorey, Davis & Acho, Livonia, MI, for Defendants-Appellees.

Before GUY and MOORE, Circuit Judges; HULL, District Judge.

RALPH P. GUY, JR., J., delivered the opinion of the court, in which HULL, D.J., joined. MOORE, J. (pp. 687-690), delivered a separate dissenting opinion.

OPINION

RALPH B. GUY, JR., Circuit Judge.

Plaintiff, Lily V. Watkins, Personal Representative for the Estate of Ralph L. Watkins, Jr. (Watkins), appeals from the order granting summary judgment in favor of defendants on claims brought under 42 U.S.C. § 1983. Watkins died in custody from a cocaine...

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