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HARRIS v. CITY OF CIRCLEVILLE

No. 08-3252.

583 F.3d 356 (2009)

William HARRIS, Jr., Plaintiff-Appellee, v. CITY OF CIRCLEVILLE, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 2, 2009.

Attorney(s) appearing for the Case

ARGUED: John T. McLandrich, Mazanec, Raskin, Ryder & Keller Co., L.P.A., Cleveland, Ohio, for Appellants. Charles H. Cooper, Jr., Cooper & Elliott, LLC, Columbus, Ohio, for Appellee. ON BRIEF: John T. McLandrich, Frank H. Scialdone, Mazanec, Raskin, Ryder & Keller Co., L.P.A., Cleveland, Ohio, for Appellants. Charles H. Cooper, Jr., John C. Camillus, Cooper & Elliott, LLC, Columbus, Ohio, for Appellee.

COX, D.J., delivered the opinion of the court, in which BATCHELDER, C.J., joined. CLAY, J. (pp. 370-74), delivered a separate concurring opinion.

OPINION

COX, District Judge.

Plaintiff William R. Harris, Jr. ("Harris") filed state law claims and claims under 42 U.S.C. § 1983 alleging that he was subjected to excessive force and inadequate medical care, and discriminated against on account of his race, in violation of his constitutional rights, while being booked at the Circleville City Jail on April 3, 2004. The issue before this Court is whether the district court properly denied the Defendant...

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