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CORDELL v. McKINNEY

No. 13-4203.

759 F.3d 573 (2014)

Phillip CORDELL, Plaintiff-Appellant, v. Glen McKINNEY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 16, 2014.

Attorney(s) appearing for the Case

ARGUED: Margaret McKay , Ohio Justice & Policy Center, Cincinnati, Ohio, for Appellant. Joshua R. Schierloh , Surdyk, Dowd & Turner Co., L.P.A., Miamisburg, Ohio, for Appellee. ON BRIEF: David Singleton , Ohio Justice & Policy Center, Cincinnati, Ohio, for Appellant. Joshua R. Schierloh , Surdyk, Dowd & Turner Co., L.P.A., Miamisburg, Ohio, for Appellee.

Before: MOORE and KETHLEDGE, Circuit Judges; TARNOW, District Judge.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Phillip Cordell filed suit under 42 U.S.C. § 1983 alleging that Deputy Sheriff Glen McKinney ran afoul of the Constitution's guarantees under the Eighth Amendment when he slammed Cordell, who was handcuffed and restrained, headfirst into a concrete wall. The district court rejected Cordell's suit, granting summary judgment and qualified immunity to Deputy McKinney. A genuine dispute as to several material facts...

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