HUMPHREY v. MABRY

No. 05-4462.

482 F.3d 840 (2007)

Raymond E. HUMPHREY, Plaintiff-Appellee, v. Duane M. MABRY; Kevin George; and Kevin Wheeler, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 2, 2007.


Attorney(s) appearing for the Case

ARGUED: David E. Peterson, Columbus City Attorney's Office, Columbus, Ohio, for Appellants. James D. McNamara, Columbus, Ohio, for Appellee.

ON BRIEF: David E. Peterson, Columbus City Attorney's Office, Columbus, Ohio, for Appellants. James D. McNamara, Columbus, Ohio, for Appellee.

Before CLAY and GILMAN, Circuit Judges; OBERDORFER, District Judge.


OBERDORFER, D.J., delivered the opinion of the court, in which GILMAN, J., joined. CLAY, J. (pp. 851-60), delivered a separate dissenting opinion.

OPINION

OBERDORFER, District Judge.

This civil rights action, brought under 42 U.S.C. § 1983, arises out of a traffic stop, forcible seizure at gun point, search and brief restraint of the plaintiff, who was driving a car mistakenly identified by Columbus, Ohio police officers as a wanted car driven...

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