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DUNIGAN v. NOBLE

No. 03-1304.

390 F.3d 486 (2004)

Elois DUNIGAN, Plaintiff-Appellant, v. Scott NOBLE, Public Safety Officer, and Percy Jenkins, Public Safety Officer, Jointly and Severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 29, 2004.

Rehearing Denied January 4, 2005

Attorney(s) appearing for the Case

ARGUED: Douglas A. Merrow, Law Office of Douglas A. Merrow, Portage, Michigan, for Appellant. Mary Massaron Ross, Plunkett & Cooney, Detroit, Michigan, for Appellees. ON BRIEF: Douglas A. Merrow, Law Office of Douglas A. Merrow, Portage, Michigan, for Appellant. Mary Massaron Ross, Plunkett & Cooney, Detroit, Michigan, for Appellees.

Before: SILER, MOORE, and BALDOCK, Circuit Judges.

BALDOCK, J., delivered the opinion of the court, in which SILER, J., joined. MOORE, J. (pp. 497-500), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BALDOCK, Circuit Judge.

Around 9:30 a.m. on March 8, 2001, Police Officers Scott Noble and Percy Jenkins arrived at Plaintiff Elois Dunigan's home in Kalamazoo, Michigan. The officers sought to arrest Plaintiff's son, Quincy Dunigan, for failure to report to his parole...

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