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MAY v. FRANKLIN COUNTY COM'RS

No. 05-3188.

437 F.3d 579 (2006)

Phyllis MAY, Administratrix of the Estate of Deborah Kirk, Deceased, Plaintiff-Appellant, v. FRANKLIN COUNTY COMMISSIONERS, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 15, 2006.

Attorney(s) appearing for the Case

ARGUED: Tony C. Merry, Volkema, Thomas, Miller, Burkett, Scott & Merry, Columbus, Ohio, for Appellant. Tracie M. Boyd, Franklin County Prosecutor's Office, Columbus, Ohio, for Appellees. ON BRIEF: Tony C. Merry, Volkema, Thomas, Miller, Burkett, Scott & Merry, Columbus, Ohio, for Appellant. Tracie M. Boyd, Patrick E. Sheeran, Franklin County Prosecutor's Office, Columbus, Ohio, for Appellees.

Before: MOORE, ROGERS, and McKEAGUE, Circuit Judges.

OPINION

MOORE, Circuit Judge.

Deborah Kirk ("Kirk") was murdered by her boyfriend Marvin Moss ("Moss") in the early morning hours of August 14, 1998. During the conflict with Moss that culminated in her death, Kirk telephoned 911 three times, each time reaching one of the appellees in the Franklin County Communication Center ("Comm Center"). After Kirk's second call, appellees dispatched a police cruiser to her residence. The police officer who arrived at...

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