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GILLISPIE v. MIAMI TOWNSHIP, OHIO

No. 20-4119.

18 F.4th 909 (2021)

Roger Dean GILLISPIE, Plaintiff-Appellee, v. MIAMI TOWNSHIP, OHIO, Defendant, Matthew Scott Moore, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 30, 2021.

Attorney(s) appearing for the Case

ARGUED: Frank H. Scialdone , MAZANEC, RASKIN AND RYDER, CO., L.P.A., Cleveland, Ohio, for Appellant. David B. Owens , LOEVY & LOEVY, Chicago, Illinois, for Appellee. ON BRIEF: Frank H. Scialdone , Todd M. Raskin , Cara M. Wright , MAZANEC, RASKIN AND RYDER, CO., L.P.A., Cleveland, Ohio, for Appellant. David B. Owens , LOEVY & LOEVY, Chicago, Illinois, for Appellee.

STRANCH, Circuit Judge, delivered the opinion of the court in which GIBBONS, Circuit Judge, joined and BUSH, Circuit Judge, joined in part. BUSH, Circuit Judge (pp. 919-22), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Roger Dean Gillispie was convicted of two rapes and spent over 20 years in prison before the Ohio courts vacated his convictions, finding meritorious his claims of failure to disclose exculpatory evidence and actual innocence. Gillispie now brings five § 1983 claims against Matthew Scott Moore...

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