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CLAY v. EMMI

No. 14-2351.

797 F.3d 364 (2015)

Joshua CLAY, Plaintiff-Appellee, v. Michael EMMI, Hazel Park Police Officer, Defendant-Appellant, Richard Story, Hazel Park Firefighter/Medic; Michael Sharrow, Hazel Park Firefighter/Medic; Paul Vandenadelle, Security Personnel at St. John Oakland Hospital; Kevin Mitchell, Security Personnel at St. John Oakland Hospital; St. John Providence Health System, Defendants.

United States Court of Appeals, Sixth Circuit.

August 13, 2015.

Attorney(s) appearing for the Case

ON BRIEF: Marcelyn A. Stepanski , Johnson, Rosati, Schultz & Joppich, P.C., Farmington Hills, Michigan, for Appellant. Trevor J. Zaborsky , Romano Law, P.L.L.C., Pleasant Ridge, Michigan, for Appellee.

Before: COLE, Chief Judge; GIBBONS and STRANCH, Circuit Judges.

OPINION

This appeal addresses Joshua Clay's § 1983 claim that Police Officer Michael Emmi used excessive force while restraining him during a mental health commitment. Officer Emmi moved for summary judgment, arguing that the Fourteenth Amendment rather than the Fourth Amendment applies to the use of force...

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