EVERSON v. LEIS

No. 07-4461.

556 F.3d 484 (2009)

Kevin EVERSON, Plaintiff-Appellee, v. Simon LEIS, Hamilton County Sheriff, and Albert Wittich, Jr., Deputy, Hamilton County Sheriff Department, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 20, 2009.


Attorney(s) appearing for the Case

ARGUED: Michael G. Florez, Hamilton County Prosecutor's Office, Cincinnati, Ohio, for Appellants. Jennifer L. Branch, Gerhardstein & Branch, Cincinnati, Ohio, for Appellee. ON BRIEF: Michael G. Florez, David Todd Stevenson, Hamilton County Prosecutor's Office, Cincinnati, Ohio, for Appellants. Jennifer L. Branch, Alphonse A. Gerhardstein, Gerhardstein & Branch, Cincinnati, Ohio, for Appellee.

Before: SILER and McKEAGUE, Circuit Judges; LUDINGTON, District Judge.


OPINION

McKEAGUE, Circuit Judge.

This interlocutory appeal presents several interesting jurisdictional twists. The Plaintiff, Kevin Everson, suffers from epilepsy. He sued multiple defendants, including Hamilton County Sheriff Simon Leis and Deputy Sheriff Albert Wittich, Jr., for their purported unlawful treatment of him during and after a seizure he suffered in 2003. Sheriff Leis and Deputy Sheriff Wittich moved for summary judgment on various grounds...

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