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SABO v. CITY OF MENTOR

No. 10-4358.

657 F.3d 332 (2011)

Dian SABO, Personal Representative and as Administrator of the Estate of Deceased, Richard Sabo, Plaintiff-Appellee, v. CITY OF MENTOR, et al., Defendants, Officer Scott Tkach, Individually, and as a Police Officer for the City of Mentor, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 12, 2011.

Attorney(s) appearing for the Case

ARGUED: John T. McLandrich , Mazanec, Raskin & Ryder Co., L.P.A., Cleveland, Ohio, for Appellant. Gordon S. Friedman , Friedman & Gilbert, Cleveland, Ohio, for Appellee. ON BRIEF: John T. McLandrich , Frank H. Scialdone , Mazanec, Raskin & Ryder Co., L.P.A., Cleveland, Ohio, for Appellant. Gordon S. Friedman , Friedman & Gilbert, Cleveland, Ohio, Robert F. DiCello , the DiCello Firm, Mentor, Ohio, for Appellee.

Before: COLE and ROGERS, Circuit Judges; SARGUS, District Judge.

OPINION

COLE, Circuit Judge.

Plaintiff-Appellee Dian Sabo filed this action against Defendant City of Mentor and Defendant-Appellant Mentor Police Officer Scott Tkach for violations of state and federal rights after Tkach shot and killed her husband, Richard Sabo, outside the Sabo residence. Tkach appeals the district court's denial of qualified immunity. Because genuine issues of material fact preclude summary judgment in this case, we DISMISS

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