STEMLER v. FLORENCE

Nos. 01-5956, 01-6205.

350 F.3d 578 (2003)

Susan STEMLER, Plaintiff-Appellee, William Chipman, Administrator of the Estate of Conni Black, Plaintiff-Appellant/Cross-Appellee, Randy Black, Legal Guardian of Shianne Black, Intervenor-Appellant/Cross-Appellee, v. FLORENCE, City of Florence, Defendant-Appellee, Bobby Joe Wince, in his official capacity as an Officer of the Florence Police Department; John Dolan, in his official capacity as an Officer of the Florence Police Department; Thomas Dusing, in his official capacity as an Officer of the Florence Police Department, Defendants-Appellees/Cross-Appellants, Ron Kenner, in his official capacity as Boone County Sheriff, Defendant. Susan Stemler, Plaintiff-Appellee, Randy Black, Intervenor-Appellee/ Cross-Appellant, v. Florence, City of Florence, Defendant, Bobby Joe Wince, in his official capacity as an Officer of the Florence Police Department; John Dolan, in his official capacity as an Officer of the Florence Police Department; Thomas Dusing, in his official capacity as an Officer of the Florence Police Department, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 2, 2003.


Attorney(s) appearing for the Case

ARGUED" Eric C. Deters, ERIC C. DETERS & ASSOCIATES, Ft. Mitchell, Kentucky, for Plaintiffs. Jeffrey C. Mando, ADAMS, STEPNER, WOLTERMANN & DUSING, Covington, Kentucky, for Defendants.

ON BRIEF: Eric C. Deters, ERIC C. DETERS & ASSOCIATES, Ft. Mitchell, Kentucky, for Plaintiffs. Jeffrey C. Mando, ADAMS, STEPNER, WOLTERMANN & DUSING, Covington, Kentucky, Hugh O. Skees, ROUSE, SKEES, WILSON & DILLON, Florence, Kentucky, David Whalin, LANDRUM & SHOUSE, Louisville, Kentucky, for Defendants.

Before: BOGGS, Chief Judge; and SILER and GIBBONS, Circuit Judges.


Petition for Rehearing Denied En Banc: February 20, 2004.

Pursuant to Sixth Circuit Rule 206

OPINION

BOGGS, Chief Judge.

Appellant/cross-appellee William Chipman, administrator of the estate of Conni Black, and intervenor-appellant/cross-appellee Randy Black appeal the district court's order granting summary judgment for the defendants in this civil action arising out of an encounter between Conni Black and Susan Stemler, on the one hand...

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