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JONES v. CITY OF CINCINNATI

No. 06-4528.

521 F.3d 555 (2008)

Bessie JONES, Administratrix of the Estate of Nathaniel Jeffrey Jones, Deceased, et al., Plaintiffs-Appellees, v. CITY OF CINCINNATI, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 4, 2008.

Attorney(s) appearing for the Case

ARGUED: Richard Ganulin, City Solicitor's Office for the City of Cincinnati, Cincinnati, Ohio, for Appellants. Eric C. Deters, Eric C. Deters & Associates, P.S.C., Independence, Kentucky, for Appellees. ON BRIEF: Richard Ganulin, City Solicitor's Office for the City of Cincinnati, Cincinnati, Ohio, for Appellants. Eric C. Deters, Eric C. Deters & Associates, P.S.C., Independence, Kentucky, for Appellees.

Before: MARTIN and SUTTON, Circuit Judges; OBERDORFER, District Judge.

OPINION

OBERDORFER, District Judge.

Defendants appeal the district court's partial denial of their motion to dismiss Fourth and Fourteenth Amendment claims based on 42 U.S.C. § 1983 brought against them by representatives and relatives of Nathaniel Jones, a 350-pound 41-year old African American who died after Cincinnati police officers subdued and placed him under arrest. Because the defendants are not entitled to qualified immunity on the basis of...

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