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RODRIGUEZ v. PASSINAULT

No. 09-1949.

637 F.3d 675 (2011)

Rebecca RODRIGUEZ, Plaintiff-Appellant, v. Thomas PASSINAULT, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 25, 2011.

Attorney(s) appearing for the Case

ARGUED: Hugh M. Davis, Jr. , Constitutional Litigation Associates, P.C., Detroit, Michigan, for Appellant. Gail P. Massad , Cummings, McClorey, Davis & Acho, P.L.C., Livonia, Michigan, for Appellee. ON BRIEF: Hugh M. Davis, Jr. , Constitutional Litigation Associates, P.C., Detroit, Michigan, for Appellant. Gail P. Massad , Cummings, McClorey, Davis & Acho, P.L.C., Livonia, Michigan, for Appellee.

Before: GILMAN and WHITE, Circuit Judges; WATSON, District Judge.

OPINION

HELENE N. WHITE, Circuit Judge.

Plaintiff Rebecca Rodriguez (Rodriguez) appeals the district court's grant of summary judgment to Shiawassee County Sheriff's Deputy Thomas Passinault (Passinault) in this 42 U.S.C. § 1983 action alleging excessive force under the Fourth and Fourteenth Amendments. We REVERSE the district court's determinations that no seizure occurred and that Passinault...

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