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BING EX REL. BING v. CITY OF WHITEHALL, OHIO

No. 05-3889.

456 F.3d 555 (2006)

Estate of William J. BING, through its Administrator Thomas E. BING; Brian Bing, through Administrator Thomas E. Bing, Plaintiffs-Appellees, v. CITY OF WHITEHALL, OHIO; Whitehall Police Department, Defendants, Mark Showalter, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 1, 2006.

Attorney(s) appearing for the Case

ARGUED: Mark D. Landes, Isaac, Brant, Ledman & Teetor, Columbus, Ohio, for Appellants. Linda Leah Reibel, Worthington, Ohio, for Appellees. ON BRIEF: Mark D. Landes, Jeffrey A. Stankunas, Isaac, Brant, Ledman & Teetor, Columbus, Ohio, for Appellants. Linda Leah Reibel, Worthington, Ohio, for Appellees.

Before: SUHRHEINRICH, GILMAN, and ROGERS, Circuit Judges.

ROGERS, J., delivered the opinion of the court in which, SUHRHEINRICH, J., joined. GILMAN, J. (pp. 572-74), delivered a separate concurring opinion.

OPINION

ROGERS, Circuit Judge.

This is an interlocutory appeal seeking reversal of the district court's summary judgment order denying qualified immunity to the defendant police officers. We reverse in part and affirm in part.

On the evening in question, decedent William Bing fired a gun into...

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