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BROOKINGS v. CLUNK

No. 03-3511.

389 F.3d 614 (2004)

Sean M. BROOKINGS, Plaintiff-Appellee, v. R.R. Denny CLUNK, Judge, Defendant-Appellant, STARK COUNTY, Ohio, et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 18, 2004.

Attorney(s) appearing for the Case

ARGUED: George D. Jonson, Montgomery, Rennie & Jonson, Cincinnati, Ohio, for Appellant. Randi A. Barnabee, Deborah A. Smith & Company, Northfield, Ohio, for Appellee. ON BRIEF: George D. Jonson, Hope A. Smith, Montgomery, Rennie & Jonson, Cincinnati, Ohio, for Appellant. Randi A. Barnabee, Deborah A. Smith & Company, Northfield, Ohio, for Appellee.

Before: SILER and GIBBONS, Circuit Judges; REEVES, District Judge.

REEVES, J., delivered the opinion of the court, in which SILER, J., joined. GIBBONS, J. (pp. 624-30), delivered a separate dissenting opinion.

OPINION

REEVES, District Judge.

Defendant-Appellant R.R. Denny Clunk, Judge of the Stark County Court of Common Pleas, Probate Division ("Judge Clunk"), appeals the district court's denial of his motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of...

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