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HOWE v. HENRY CTY. BD. OF COMMRS.

No. 7-06-01.

167 Ohio App.3d 865 (2006)

2006-Ohio-3893.

HOWE et al., Appellees, v. HENRY COUNTY BOARD OF COMMISSIONERS; Henry County Sheriff's Department et al., Appellants.

Court of Appeals of Ohio, Third District, Henry County.

Decided July 31, 2006.

Attorney(s) appearing for the Case

Donald E. Theis, for appellant.

Michael L. Dzienny and Theodore Gersy, for appellees.

ROGERS, Judge.

{¶ 1} Defendants-appellants, Deputy Sheriff Sean P. Walker and the Henry County Sheriff's Department (hereinafter referred to jointly as "appellants"), appeal a judgment of the Henry County Court of Common Pleas, denying appellants' motion for summary judgment. On appeal, appellants assert that the trial court erred in denying their motion for summary judgment, because appellants are immune under Colbert v. Cleveland,

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