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STEWART v. CITY OF EUCLID, OHIO

No. 18-3767.

970 F.3d 667 (2020)

Mary STEWART, as Administrator of the Estate of Luke O. Stewart, Sr., Deceased, Plaintiff-Appellant, v. CITY OF EUCLID, OHIO; Matthew Rhodes, Euclid Police Officer, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 14, 2020.

Attorney(s) appearing for the Case

ARGUED: Jacqueline Greene , FRIEDMAN & GILBERT, Cleveland, Ohio, for Appellant. Frank H. Scialdone , MAZANEC, RASKIN & RYDER, CO., L.P.A., Cleveland, Ohio, for Appellees. ON BRIEF: Jacqueline Greene , Sarah Gelsomino , Terry H. Gilbert , FRIEDMAN & GILBERT, Cleveland, Ohio, for Appellant. Frank H. Scialdone , James A. Climer , MAZANEC, RASKIN & RYDER, CO., L.P.A., Cleveland, Ohio, for Appellees.

SILER, J., delivered the opinion of the court in which GIBBONS, J., joined. DONALD, J. (pp. 677-84), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Plaintiff Mary Stewart appeals the district court's grant of summary judgment to defendants, Officer Matthew Rhodes and the City of Euclid, on her claims brought pursuant to 42 U.S.C. § 1983 and state law. We AFFIRM dismissal of Stewart's federal claims but REVERSE dismissal...

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