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MOLDOWAN v. CITY OF WARREN

Nos. 07-2115, 07-2116, 07-2117.

578 F.3d 351 (2009)

Jeffrey Michael MOLDOWAN, Plaintiff-Appellee, v. CITY OF WARREN, Donald Ingles, Michael Schultz (07-2115); Alan Warnick (07-2116); Maureen Fournier (07-2117), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2009.

Attorney(s) appearing for the Case

ARGUED: Rosalind Rochkind, Garan Lucow Miller, P.C., Detroit, Michigan, Brian J. Richtarcik, Chapman & Associates, P.C., Bloomfield Hills, Michigan, Sarah R. Prout, Lakeshore Legal Aid, Port Huron, Michigan, for Appellants. Michael R. Dezsi, Fieger, Fieger, Kenney, Johnson & Giroux, Southfield, Michigan, for Appellee. ON BRIEF: Rosalind Rochkind, Jami E. Leach, Garan Lucow Miller, P.C., Detroit, Michigan, Brian J. Richtarcik, Ronald W. Chapman, Chapman & Associates, P.C., Bloomfield Hills, Michigan, Sarah R. Prout, William R. Knight, Lakeshore Legal Aid, Clinton Township, Michigan, for Appellants. Marc M. Susselman, Dennis A. Dettmer, Detroit, Michigan, for Appellee.

CLAY, J., delivered the opinion of the court, in which MOORE, J., joined. KETHLEDGE, J. (pp. 401-07), delivered a separate opinion concurring in the judgment in part and dissenting in part.

SECOND AMENDED OPINION

CLAY, Circuit Judge.

In this action, Plaintiff Jeffrey Moldowan ("Moldowan") asserts a number of claims under 42 U.S.C. § 1983 alleging violations of his rights under the Fourth, Fifth, Sixth and Fourteenth Amendments, as well as claims under Michigan state law. Moldowan's claims arise out of his arrest, criminal prosecution, conviction, and retrial for the 1990 abduction and brutal sexual assault of Maureen Fournier ("Fournier...

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