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LEARY v. LIVINGSTON COUNTY

Nos. 06-2603, 06-2604.

528 F.3d 438 (2008)

Shaun LEARY, Plaintiff-Appellee, v. LIVINGSTON COUNTY et al., Defendants, Scott Stone and Denis McGuckin, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 10, 2008.

Attorney(s) appearing for the Case

ARGUED: John H. Dise, Jr., Dise & Associates, Southfield, Michigan, Thomas A. Matthews, Brighton, Michigan, for Appellants. Michael J. Kemnitz, Detroit, Michigan, for Appellee. ON BRIEF: John H. Dise, Jr., Gina U. Puzzuoli, Dise & Associates, Southfield, Michigan, Thomas A. Matthews, Brighton, Michigan, for Appellants. Michael J. Kemnitz, Detroit, Michigan, for Appellee.

SUTTON, J., delivered the opinion of the court, in which McKEAGUE, J., joined. CLAY, J. (pp. ___-___), delivered a separate dissenting opinion.

OPINION

SUTTON, Circuit Judge.

Not long after word spread at the Livingston County Jail that detainee Shaun Leary had been charged with raping a nine-year-old girl, several prisoners beat him up. At stake in this § 1983 action is, one, whether officer Scott Stone was deliberately indifferent to Leary's safety needs and, two, whether officer Denis McGuckin used excessive force against Leary when he hit him on the back of his neck while walking him to...

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