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PEREZ v. OAKLAND COUNTY

No. 05-1583.

466 F.3d 416 (2006)

ARIEL PEREZ, SR., PERSONAL REPRESENTATIVE OF THE ESTATE OF ARIEL E. PEREZ, JR., PLAINTIFF-APPELLANT, v. OAKLAND COUNTY; OAKLAND COUNTY SHERIFF; MICHAEL J. BOUCHARD, OAKLAND COUNTY SHERIFF; JOHN DOE, UNKNOWN OAKLAND COUNTY SHERIFF'S DEPARTMENT DEPUTIES; ROBERTA RICE; MICHAEL MONROE, TERRY ONTGOMERY, AND JOHN JORGANSON, DEPUTIES; SARATH HEMACHANDRA, DR., JOINTLY AND SEVERALLY, DEFENDANTS-APPELLEES.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 18, 2006.

Attorney(s) appearing for the Case

ARGUED: Kenneth J. Wrobel, Jr., Anthony A. Yezbick, Birmingham, Michigan, for Appellant.

Steven M. Potter, POTTER, DeAGOSTINO, O'DEA & PATTERSON, Auburn Hills, Michigan, Kerry L. Rhoads-Reith, KOPKA, PINKUS, DOLIN & EADS, Farmington Hills, Michigan, for Appellees.

ON BRIEF: Kenneth J. Wrobel, Jr., Birmingham, Michigan, for Appellant.

Steven M. Potter, Rick J. Patterson, POTTER, DeAGOSTINO, O'DEA & PATTERSON, Auburn Hills, Michigan, Kerry L. Rhoads-Reith, KOPKA, PINKUS, DOLIN & EADS, Farmington Hills, Michigan, for Appellees.

Before: MOORE, GRIFFIN, and CUDAHY, Circuit Judges.

CUDAHY, J., delivered the opinion of the court. GRIFFIN, J. (pp. 14-17), delivered a separate opinion concurring in the result and in all portions of the majority opinion except Section II.A.1. MOORE, J. (pp. 18-19), delivered a separate opinion concurring in part and dissenting in part.

Pursuant to Sixth Circuit Rule 206

OPINION

RICHARD D. CUDAHY, Circuit Judge.

This is a tragic case. In November 2002, eighteen-year-old Ariel Perez, Jr....

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