DiGIORGIO v. CITY OF CLEVELAND

No. 95945.

2011 Ohio 5878

Nicholas Digiorgio, et al., Plaintiffs-Appellees, v. City of Cleveland, et al., Defendants-Appellants.

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

RELEASED AND JOURNALIZED: November 10, 2011.


Attorney(s) appearing for the Case

Barbara A. Langhenry , Interim Director of Law, Awatef Assad , William F. Gibson , Assistant Directors of Law, 601 Lakeside Avenue, Room 106, Cleveland, OH 44114, For the city of Cleveland, Michael McGrath, James Gibian, Patrick J. McLain, and Michael A. Lawrence, Peter G. Hilbert , Jones Day , North Point, 901 Lakeside Avenue, Cleveland, OH 44114, For Durraymus Gillis, Irina Vinogradsky , Law Offices of Irina Vinogradsky, 27600 Chagrin Boulevard, Woodmere, OH 44124, For Dontez D. Hairston, Ronald Robinson , 1276 West Third Street, The Marion Building, Suite 424, Cleveland, OH 44113, For Davonte Johnson, Bari E. Goggins , Ulmer & Berne LLP, Skylight Office Tower, 1660 West 2nd Street, Suite 1100, Cleveland, OH 44113-1448, For Devonta McIntyre, Attorneys for Appellants.

William B. Eadie , Rhonda Baker Debevec , Spangenberg Shibley & Liber LLP, 1001 Lakeside Avenue East, Suite 1700, Cleveland, OH 44114, Attorneys for Appellees.

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


JOURNAL ENTRY AND OPINION

KATHLEEN ANN KEOUGH, J.

{¶ 1} Having determined in en banc proceedings that the trial court's order is a final, appealable order, this panel addresses the merits of the appeal. Defendants-appellants, the city of Cleveland (the "City"), Police Chief Michael McGrath, Sergeant James Gibian, Officer Patrick J. McLain, and Officer Michael A. Lawrence, appeal from the trial court's judgment denying their motion to dismiss...

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