Kenneth Howard v. Wayne County Sheriff's Office, et al


OPINION filed : Because we conclude that the plaintiff established sufficient evidence to raise a genuine issue of material fact regarding whether defendants Wood and Hardie used, or permitted the use of, excessive force in his arrest, we find it necessary to REVERSE the judgment of the district court on the claim of excessive force and REMAND the case for further proceedings on that claim. In all other respects, the district court s judgment is AFFIRMED, decision not for publication pursuant to local rule 28(g), : Martha Craig Daughtrey, AUTHORING Circuit Judge; Eric L. Clay, Circuit Judge and Helene N. White, (concurring) Circuit Judge.

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Case: 09-2171 Document: 006110909965 Filed: 03/29/2011 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Leonard Green Clerk Tel. (513) 564-7000 Filed: March 29, 2011 Kenneth Howard P. O. Box 43823 Detroit, MI 48243 Mr. James M. Surowiec Department of Corporation Counsel for the County of Wayne 500 Griswold Guardian Building Detroit, MI 48226 Re: Case No. 09-2171 , Kenneth Howard v. Wayne County Sheriff's Office, et al Originating Case No. : 08-13501 Dear Sir or Madam, The Court issued the enclosed (Order/Opinion) today in this case. Sincerely yours, s/Roy G. Ford Case Manager Direct Dial No. 513-564-7016 Enclosure Mandate to issue

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