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FEATHERS v. AEY

No. 02-3368.

319 F.3d 843 (2003)

Thomas L. FEATHERS; Kathleen Feathers, Plaintiffs-Appellees, v. William AEY; J.P. Donohue, Defendants-Appellants, City of Akron, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 13, 2003.

Attorney(s) appearing for the Case

Paul R. Reiners (argued and briefed), Canton, OH, Paul J. Pusateri, Howes Daane Milligan Kyhos & Erwin, Canton OH, for Plaintiffs-Appellees.

Bruce H. Christensen, Jr. (argued and briefed), John C. Reece (briefed), City of Akron, Department of Law, Akron, OH, for Defendants-Appellants.

Before BATCHELDER and MOORE, Circuit Judges; FORESTER, Chief District Judge.

OPINION

MOORE, Circuit Judge.

Defendants William Aey and J.P. Donohue, both officers in the City of Akron Police Department, appeal from the district court's denial of summary judgment in a 42 U.S.C. § 1983 suit brought by plaintiffs Thomas and Kathleen Feathers. The district court refused to grant the officers qualified immunity, ruling that the officers violated Thomas Feathers's ("Feathers") clearly established rights to

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