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JACKSON v. CITY OF CLEVELAND

No. 22-3253.

64 F.4th 736 (2023)

Charles JACKSON, Plaintiff-Appellee, v. CITY OF CLEVELAND, et al., Defendants, Barbara Rhodes Marburger, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 6, 2023.

Attorney(s) appearing for the Case

ARGUED: Stephen W. Funk , ROETZEL & ANDRESS, LPA, Akron, Ohio, for Appellant. M. Caroline Hyatt , FRIEDMAN, GILBERT & GERHARDSTEIN, Cincinnati, Ohio, for Appellee. ON BRIEF: Stephen W. Funk , ROETZEL & ANDRESS, LPA, Akron, Ohio, for Appellant. M. Caroline Hyatt , Jacqueline Greene , FRIEDMAN, GILBERT & GERHARDSTEIN, Cincinnati, Ohio, Sarah Gelsomino , FRIEDMAN, GILBERT & GERHARDSTEIN, Cleveland, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court in which STRANCH, J., joined, and MURPHY, J., joined in part. MURPHY, J. (pp. 752-56), delivered a separate opinion concurring in part and concurring in the judgment.

OPINION

Charles Jackson filed a 42 U.S.C. § 1983 lawsuit, claiming that Barbara Rhodes Marburger, an assistant prosecutor at the Cuyahoga County Prosecutor's Office, denied him access to the courts by redacting exculpatory information from his investigative file, which had been requested from her...

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