ELKINS v. SUMMIT COUNTY, OHIO

No. 09-3680.

615 F.3d 671 (2010)

Clarence ELKINS; Branden Elkins; Clarence Elkins, Jr.; Melinda Elkins, Plaintiffs-Appellees, v. SUMMIT COUNTY, OHIO; Michael Kallai, Chief of Police; Peter Maurer, Sergeant; B. Davis, Detective, Defendants, Danton Adair, Officer; M. Hudak, Detective; J.L. Flaker, Detective; Don Adamson, Sergeant; Jim Weese, Detective, in their individual and official capacities, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 10, 2010.


Attorney(s) appearing for the Case

ARGUED: John T. McLandrich, Mazanec, Raskin, Ryder & Keller Co., L.P.A., Cleveland, Ohio, for Appellants. Russell Ainsworth, Loevy & Loevy, Chicago, Illinois, for Appellees. ON BRIEF: John T. McLandrich, Frank H. Scialdone, Mazanec, Raskin, Ryder & Keller Co., L.P.A., Cleveland, Ohio, for Appellants. Russell Ainsworth, Jonathan Loevy, Loevy & Loevy, Chicago, Illinois, for Appellees.

Before: MARTIN, RYAN, and KETHLEDGE, Circuit Judges.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

A jury convicted Clarence Elkins, Sr., of raping and murdering his mother-in-law, Judith Johnson, and of assaulting and raping his six-year-old niece, Brooke Sutton. The jury sentenced him to life in prison with no eligibility for parole. Seven years later, Elkins obtained DNA evidence that proved that Earl Mann, Johnson's neighbor at the time of the murder, had committed the crimes, and Elkins was exonerated...

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