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JONES v. CITY OF CINCINNATI

No. 11-4174.

736 F.3d 688 (2012)

Bessie JONES, Administratrix of the Estate of Nathaniel Jeffrey Jones, et al., Plaintiffs-Appellees, v. CITY OF CINCINNATI, et al., Defendants, Guy Abrams; James Pike; Joehonny Reese; Jay Jonstone; Baron Osterman; Thomas Slade, Police Officers, Cincinnati Police Division, individually and in their official capacities, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 29, 2012.

Attorney(s) appearing for the Case

ARGUED: Peter J. Stackpole , City of Cincinnati, Cincinnati, Ohio, for Appellants. Randolph H. Freking , Freking & Betz, LLC, Cincinnati, Ohio, for Appellees.

ON BRIEF: Peter J. Stackpole , City of Cincinnati, Cincinnati, Ohio, for Appellants. Randolph H. Freking , Tod J. Thompson , Freking & Betz, LLC, Cincinnati, Ohio, for Appellees.

Before: GIBBONS and COOK, Circuit Judges; ROSENTHAL, District Judge.

OPINION

COOK, Circuit Judge.

The survivors and estate of Nathaniel Jones, who died after struggling with six Cincinnati police officers, brought a § 1983 action against those officers, alleging Fourth and Fourteenth Amendment violations and Ohio tort claims. The district court denied the officers' motion for summary judgment seeking qualified immunity and state statutory immunity, leaving pending four claims: (1) an excessive-force claim against two...

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