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HAGGARD v. STEVENS

No. 10-4261.

683 F.3d 714 (2012)

Kenneth E. HAGGARD; Maryann Tomczyk, Plaintiffs-Appellants, v. John S. STEVENS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 20, 2012.

Attorney(s) appearing for the Case

ARGUED: Marion H. Little, Jr. , Zeiger, Tigges & Little LLP, Columbus, OH, for Appellants. John J. Stark , Assistant United States Attorney, Columbus, OH, for Appellee. ON BRIEF: Marion H. Little, Jr. , Christopher J. Hogan , Zeiger, Tigges & Little LLP, Columbus, OH, for Appellants. John J. Stark , Assistant United States Attorney, Columbus, OH, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which DOW, D.J., joined. CLAY, J. (pp. 718-20), delivered a separate concurring opinion.

OPINION

KETHLEDGE, Circuit Judge.

Kenneth Haggard and Maryann Tomczyk filed this Bivens action against John Stevens, an investigator for the Federal Deposit Insurance Corporation. After they filed suit, Stevens died. The district court held that Stevens's death extinguished the Bivens claim, and dismissed the suit. We agree with the district court and affirm.

I.

The plaintiffs are the sole shareholder and the Chairman, respectively...

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