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KENNEDY v. CITY OF CINCINNATI

No. 09-3089.

595 F.3d 327 (2010)

Robert KENNEDY, Plaintiff-Appellee, v. CITY OF CINCINNATI, et al., Defendants, Jeffrey Zucker, Police Officer; David Hudepohl, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 16, 2010.

Attorney(s) appearing for the Case

ARGUED: Peter J. Stackpole, City Of Cincinnati, Office of City Solicitor, Cincinnati, Ohio, for Appellants. Steven F. Stuhlbarg, Law Office, Cincinnati, Ohio, for Appellee. ON BRIEF: Peter J. Stackpole, City of Cincinnati, Office of City Solicitor, Cincinnati, Ohio, for Appellants. Steven F. Stuhlbarg, Law Office, Cincinnati, Ohio, for Appellee.

Before: GRIFFIN and KETHLEDGE, Circuit Judges; CARR, Chief District Judge.

OPINION

GRIFFIN, Circuit Judge.

Defendants Jeffrey Zucker and David Hudepohl appeal the denial of their motion for summary judgment based on the defense of qualified immunity from plaintiff Robert Kennedy's procedural due process claims brought under 42 U.S.C. § 1983. For the reasons that follow, we reverse in part and affirm in part. In doing so, we hold that Kennedy did not have a protectable property interest in his $10 City pool token, but possessed...

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