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LYONS v. CITY OF XENIA

No. 03-3282.

417 F.3d 565 (2005)

Cheryl D. LYONS, Plaintiff-Appellee, v. CITY OF XENIA, et al., Defendants, Christine Keith, Officer; Matthew Foubert, Officer, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 4, 2005.

Attorney(s) appearing for the Case

ARGUED: Lynnette P. Ballato, Subashi, Wildermuth & Ballato, Dayton, Ohio, for Appellants. Michael C. Thompson, Dayton, Ohio, for Appellee. ON BRIEF: Lynnette P. Ballato, Subashi, Wildermuth & Ballato, Dayton, Ohio, for Appellants. Michael C. Thompson, Dayton, Ohio, for Appellee.

Before: GIBBONS and SUTTON, Circuit Judges; TARNOW, District Judge.

SUTTON, J., delivered the opinion of the court.

GIBBONS, J. (p. 580), delivered a separate concurring opinion.

SUTTON, J. (pp. 580-584), delivered a separate concurring opinion, in which GIBBONS, J., joined.

TARNOW, D.J. (pp. 584-590), delivered a separate dissenting opinion.

SUTTON, Circuit Judge.

This case returns to us from the Supreme Court for reconsideration in light of the Court's recent opinion in Brosseau v. Haugen,...

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