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CARTWRIGHT v. CITY OF MARINE CITY

No. 02-1728.

336 F.3d 487 (2003)

Dinnell C. CARTWRIGHT, as Personal Representative of the Estate of Terry L. Cartwright, Deceased, Plaintiff-Appellee, v. CITY OF MARINE CITY; James Vandermeulen and Timothy Rock, Marine City Police Officers, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 21, 2003.

Attorney(s) appearing for the Case

Julie O'Connor, (argued and briefed), O'Connor, DeGrazia & Tamm, Bloomfield Hills, MI, for Appellant.

Wolfgang Mueller, (argued and briefed), Olsman, Mueller & James, Berkley, MI, for Appellee.

Before: SUHRHEINRICH and COLE, Circuit Judges; CARR, District Judge.

OPINION

CARR, District Judge.

Dinnell C. Cartwright, as personal representative of the estate of the late Terry L. Cartwright, sued the City of Marine City, Michigan ("City"), and two of its police officers for failing to prevent the death of Terry Cartwright, a pedestrian who was struck and killed by a truck. The district court denied the defendants' motion for summary judgment and claim of qualified immunity. We hold that the plaintiff has not made out...

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