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ESTATE OF OWENSBY v. CITY OF CINCINNATI

Nos. 04-3724, 04-3725.

414 F.3d 596 (2005)

ESTATE OF Roger D. OWENSBY, Jr., Plaintiff-Appellee, v. CITY OF CINCINNATI; Tom Streicher; Robert Jorg; Patrick Caton; Victor Spellen; Darren Sellers; David Hunter, Defendants-Appellants (04-3725), Stephen Tilley; Robert Heiland; Chris Campbell, Defendants-Appellants (04-3724).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 7, 2005.

Attorney(s) appearing for the Case

ARGUED: Wilson G. Weisenfelder, Jr., Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, Richard Ganulin, City Solicitor's Office for the City of Cincinnati, Cincinnati, Ohio, for Appellants. Paul B. Martins, Helmer, Martins, Rice & Popham Co., Cincinnati, Ohio, for Appellee. ON BRIEF: Wilson G. Weisenfelder, Jr., Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, Richard Ganulin, City Solicitor's Office for the City of Cincinnati, Cincinnati, Ohio, Ravert J. Clark, Arenstein & Gallagher, Cincinnati, Ohio, for Appellants. Paul B. Martins, James B. Helmer, Jr., John J. Helbling, Mark T. Tillar, Helmer, Martins, Rice & Popham Co., L.P.A., Cincinnati, Ohio, for Appellee.

Before: MARTIN and ROGERS, Circuit Judges; FORESTER, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This case arises out of an encounter between Cincinnati police officers and Roger D. Owensby, Jr. that ended tragically with Owensby's death. Owensby's estate filed this action pursuant to 42 U.S.C. § 1983, alleging various claims against the individual police officers involved in the incident, as well as several municipal defendants. The district court entered an order denying qualified immunity to all of...

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