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SIGLEY v. CITY OF PARMA HEIGHTS

No. 05-3035.

437 F.3d 527 (2006)

Peggy SIGLEY, Plaintiff-Appellant, v. CITY OF PARMA HEIGHTS, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2006.

Attorney(s) appearing for the Case

ARGUED: Nicholas A. DiCello, Spangenberg, Shibley & Liber, Cleveland, Ohio, for Appellant. John T. McLandrich, Mazanec, Raskin & Ryder, Cleveland, Ohio, for Appellee. ON BRIEF: Nicholas A. DiCello, Dennis R. Lansdowne, Peter J. Brodhead, Spangenberg, Shibley & Liber, Cleveland, Ohio, for Appellant. John T. McLandrich, James A. Climer, Frank H. Scialdone, Mazanec, Raskin & Ryder, Cleveland, Ohio, for Appellee.

Before: KEITH and BATCHELDER, Circuit Judges; OBERDORFER, District Judge.

KEITH, J., delivered the opinion of the court, in which OBERDORFER, D.J., joined.

BATCHELDER, J. (pp. 538-540), delivered a separate dissenting opinion.

OPINION

DAMON J. KEITH, Circuit Judge.

This is a 42 U.S.C. § 1983 action for the use of deadly force arising out of Detective Wayne Mockler's ("Mockler") fatal shooting of Daniel P. Davis, dec'd ("Davis") in the back, as he was attempting to flee an undercover drug bust. Plaintiff-Appellant...

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