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GAVITT v. BORN

Nos. 15-2136/2434.

835 F.3d 623 (2016)

David L. GAVITT, Plaintiff-Appellee (15-2136), Plaintiff-Appellant (15-2434), v. Bruce BORN, personal representative of Estate of John E. DeVries, Defendant-Appellant (15-2136), County of Ionia; Gary M. Gabry; Raymond P. Voet; Gail Benda; Ronald J. Schafer; City of Ionia; Kenneth E. Voet; Randall W. Klein; John P. Fatchett; John J. Kalman, Jr., Defendants-Appellees (15-2434).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 1, 2016.

Attorney(s) appearing for the Case

ARGUED: Joseph T. Froehlich , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellant in 15-2136 and Appellees Fatchett and Kalman in 15-2434. Christopher P. Desmond , JOHNSON LAW, PLC, Detroit, Michigan, for Appellee in 15-2136 and Appellant in 15-2434. Karen M. Daley , CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C., Livonia, Michigan, for Ionia County Appellees in 15-2434. Mary Massaron , PLUNKETT COONEY, Bloomfield Hills, Michigan, for City of Ionia Appellees in 15-2434. ON BRIEF: Joseph T. Froehlich , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellant in 15-2136 and Appellees Fatchett and Kalman in 15-2434. Christopher P. Desmond , JOHNSON LAW, PLC, Detroit, Michigan, for Appellee in 15-2136 and Appellant in 15-2434. Karen M. Daley , CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C., Livonia, Michigan, for Ionia County Appellees in 15-2434. Mary Massaron , PLUNKETT COONEY, Bloomfield Hills, Michigan, for City of Ionia Appellees in 15-2434.

Before: CLAY, ROGERS, and McKEAGUE, Circuit Judges.

OPINION

Plaintiff in the action from which these two appeals arise, David Gavitt, was sentenced to life in prison in 1986 after a jury found him guilty of arson and felony murder, charges stemming from a house fire that took the lives of his wife and two daughters. In June 2012, the state court granted Gavitt's...

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