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SHANABERG v. LICKING COUNTY, OHIO

No. 18-3916

936 F.3d 453 (2019)

Ty SHANABERG, Plaintiff-Appellant, v. LICKING COUNTY, OHIO, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2019

Attorney(s) appearing for the Case

ARGUED: Adam M. Schwartz , HAVENS LIMITED, Columbus, Ohio, for Appellant. Stephanie L. Schoolcraft , FISHEL DOWNEY ALBRECHT RIEPENHOFF, LLP, New Albany, Ohio, for Appellees. ON BRIEF: Adam M. Schwartz , HAVENS LIMITED, Columbus, Ohio, for Appellant. Stephanie L. Schoolcraft , Daniel T. Downey , FISHEL DOWNEY ALBRECHT RIEPENHOFF, LLP, New Albany, Ohio, for Appellees.

GRIFFIN, J., delivered the opinion of the court in which ROGERS, J., joined. NALBANDIAN, J. (pp. 458-59), delivered a separate opinion concurring in the judgment.

OPINION

A report of a drunk driver, a mistaken identity, and an aggressive refusal to comply with repeated commands to lie down led to Defendant Deputy Brian Stetson's tasing Plaintiff Ty Shanaberg. Shanaberg sued Stetson and others pursuant to 42 U.S.C. § 1983. The district court granted summary judgment in...

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