ONDO v. CITY OF CLEVELAND

No. 14-3527.

795 F.3d 597 (2015)

Steven ONDO; Jonathan Simcox, Plaintiffs-Appellants, v. CITY OF CLEVELAND, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 3, 2015.


Attorney(s) appearing for the Case

ARGUED: Sara Gedeon , Chesterland, Ohio, for Appellants. Joseph F. Scott , City of Cleveland, Cleveland, Ohio, for Appellees. ON BRIEF: David B. Malik , Samuel S. Riotte , Chesterland, Ohio, for Appellants. Joseph F. Scott , City Of Cleveland, Cleveland, Ohio, for Appellees.

BATCHELDER, J., delivered the opinion of the court in which COOK, J., joined, and SUTTON, J., joined in part. SUTTON, J. (pg. 612), delivered a separate opinion concurring in all but Parts III.B and III.C and in the judgment.


OPINION

Plaintiffs Steven Ondo and Jonathan Simcox were arrested in their temporarily shared residence by Cleveland police officers on April 8, 2011, on allegations of felonious assault on a police officer. The arrest occurred in the early morning when Plaintiffs were still in their boxer shorts, and...

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