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CAUSEY v. CITY OF BAY CITY

No. 05-1142.

442 F.3d 524 (2006)

Choice L. CAUSEY; Henretta Denise Bradley, Plaintiffs-Appellees, v. CITY OF BAY CITY; John May; Thomas Pletzke, Defendants, Joseph E. Doyle; Eric Sporman; Ken Souser, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 29, 2006.

Attorney(s) appearing for the Case

ARGUED: Joseph Nimako, Cummings, McClorey, Davis & Acho, Livonia, Michigan, for Appellants. Russell C. Babcock, Mastromarco & Jahn, Saginaw, Michigan, for Appellees. ON BRIEF: Joseph Nimako, Cummings, McClorey, Davis & Acho, Livonia, Michigan, for Appellants. Victor J. Mastromarco, Jr., Mastromarco & Jahn, Saginaw, Michigan, for Appellees.

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

ROGERS, J., delivered the opinion of the court, in which McKEAGUE, J., joined. MOORE, J. (pp. 531-533), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

Defendants Joseph E. Doyle, Eric Sporman, and Ken Souser, all of whom are police officers, appeal the district court's denial of their motion for summary judgment in this § 1983 action brought by plaintiffs Choice L. Causey and Henretta Denise Bradley. The plaintiffs allege...

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