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SWIECICKI v. DELGADO

No. 05-4036.

463 F.3d 489 (2006)

Jeffrey SWIECICKI, Plaintiff-Appellant, v. Jose DELGADO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 15, 2006.

Attorney(s) appearing for the Case

ARGUED: Stephen W. Gard, Cleveland, Ohio, for Appellants. Thomas R. Wolf, Reminger & Reminger, Cleveland, Ohio, for Appellee. ON BRIEF: Stephen W. Gard, Cleveland, Ohio, for Appellants. Thomas R. Wolf, Reminger & Reminger, Cleveland, Ohio, for Appellee.

Before: GILMAN, SUTTON, and COOK, Circuit Judges.

GILMAN, J., delivered the opinion of the court, in which COOK, J., joined. SUTTON, J. (pp. 503-07), delivered a separate opinion concurring in part, concurring in the judgment in part and dissenting in part.

OPINION

RONALD LEE GILMAN, Circuit Judge.

While attending a Cleveland Indians baseball game, Jeffrey Swiecicki, along with several of his friends, loudly cheered for some players and heckled others. Officer Jose Delgado, an off-duty police officer...

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