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PAGAN v. FRUCHEY

No. 04-4414.

492 F.3d 766 (2007)

Christopher J. PAGAN, Plaintiff-Appellant, v. Police Chief Matt FRUCHEY and the Village of Glendale, Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 29, 2007.

Attorney(s) appearing for the Case

ARGUED: Jeff Rowes, Institute for Justice, Arlington, Virginia, for Appellant. John W. Hust, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, for Appellees. ON BRIEF: Jeff Rowes, Institute for Justice, Arlington, Virginia, William H. Mellor, Institute for Justice, Washington, D.C., for Appellant. John W. Hust, Lawrence Edward Barbiere, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, for Appellees.

Before: BOGGS, Chief Judge; MARTIN, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

GIBBONS, J., delivered the opinion of the court, in which BOGGS, C.J., MARTIN, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, JJ., joined. ROGERS, J. (pp. 779-89), delivered a separate dissenting opinion, in which SILER, BATCHELDER, SUTTON, COOK, McKEAGUE, and GRIFFIN, JJ., joined.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Plaintiff-appellant Christopher J. Pagan filed the instant suit against the Village...

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