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VOYTICKY v. VILLAGE OF TIMBERLAKE, OHIO

No. 04-3252.

412 F.3d 669 (2005)

Kenneth C. VOYTICKY, Plaintiff-Appellant, v. VILLAGE OF TIMBERLAKE, OHIO, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 22, 2005.

Attorney(s) appearing for the Case

ARGUED: Charles K. Webster, Andrechick & Webster, Cleveland, Ohio, for Appellant. Nick Tomino, Tomino & Latchney, Medina, Ohio, for Appellee. ON BRIEF: Charles K. Webster, Andrechick & Webster, Cleveland, Ohio, David M. Maistros, Chagrin Falls, Ohio, for Appellant. Nick Tomino, Tomino & Latchney, Medina, Ohio, for Appellee.

Before: KENNEDY and MOORE, Circuit Judges; RESTANI, Judge.

OPINION

KENNEDY, Circuit Judge.

Appellant Kenneth Voyticky appeals from the district court's dismissal of some of his claims due to a lack of subject matter jurisdiction and its grant of summary judgment to Defendants on his remaining claims in which he alleged violations of his constitutional rights and seeks recovery pursuant to 42 U.S.C. § 1983. We reverse the dismissal of Plaintiff's claims for lack of subject matter jurisdiction

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