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BINAY v. BETTENDORF

Nos. 09-1249, 09-1400.

601 F.3d 640 (2010)

Marion BINAY; Joselito Binay; SB, a minor child, by Marion Binay and Joselito Binay, Next Friends, Plaintiffs-Appellees, v. BETTENDORF, Officer (09-1249), Pongracz, Officer (09-1400), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 20, 2010.

Attorney(s) appearing for the Case

ARGUED: Joseph Nimako, Cummings, McClorey, Davis & Acho, P.L.C., Livonia, Michigan, Stephon B. Bagne, Kupelian, Ormond & Magy, Southfield, Michigan, for Appellants. Michael M. Wachsberg, Pedersen, Keenan, King, Wachsberg & Andrzejak, P.C., Commerce Township, Michigan, for Appellees. ON BRIEF: Joseph Nimako, Cummings, McClorey, Davis & Acho, P.L.C., Livonia, Michigan, for Appellants. Michael M. Wachsberg, Pedersen, Keenan, King, Wachsberg & Andrzejak, P.C., Commerce Township, Michigan, for Appellees.

Before: KEITH, CLAY, and GRIFFIN, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Defendants, Officers Pongracz and Bettendorf, appeal the district court's orders denying summary judgment to Defendants on the basis that they are not entitled to qualified immunity under federal law or governmental immunity under Michigan law. For the reasons set forth below, we AFFIRM the district court's orders.

BACKGROUND

Plaintiffs Marion Binay, Joselito Binay, and Sean Binay brought this suit...

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