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STATE EX REL. DeFRANCO v. CITY OF CLEVELAND

No. 96067.

2011 Ohio 4240

State ex rel., Jason Defranco, Plaintiff-Appellant, v. City of Cleveland, et al., Defendants-Appellees.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: August 25, 2011.

Attorney(s) appearing for the Case

James L. Deese , The Western Reserve Building, 1468 West 9th Street, Suite 405, Cleveland, Ohio 44113, Attorney for Appellant.

Robert J. Triozzi , Director of Law, L. Stewart Hastings , Kevin J. Gibbons , Assistant Directors of Law, City of Cleveland Law Dept., 601 Lakeside Avenue, Room 106, Cleveland, Ohio 44114, Attorneys for Appellees.

BEFORE: Blackmon, P.J., Keough, J., and E. Gallagher, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, P.J.

{¶ 1} Appellant Jason DeFranco ("DeFranco") appeals the trial court's granting of summary judgment in favor of appellees, city of Cleveland ("City"), Director of Public Safety Martin Flask ("Flask"), and the Cleveland Civil Service Commission ("Commission") (referred to collectively as the "City"), and assigns the following errors for our review:

"I. The trial court committed...

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