Lucas Burgess, et al v. Gene Fischer, et al

Filing

OPINION and JUDGMENT filed: The judgment of the district court granting Defendants summary judgment on Plaintiffs' [section] 1983 excessive force claim under the Fourth Amendment as well as the state law claims of negligence, assault, battery, loss of consortium, intentional infliction of emotional distress, and spoliation claims are REVERSED, the judgment as it pertains to Plaintiffs' civil conspiracy claim is VACATED, and the case is REMANDED. All other claims on appeal are AFFIRMED. Decision for publication. Karen Nelson Moore, Eric L. Clay (AUTHORING), and Helene N. White, Circuit Judges.

Case: 12-4191

Document: 006111871221

Filed: 11/01/2013

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

Deborah S. Hunt
Clerk

Tel. [phone]
www.ca6.uscourts.gov

Filed: November 01, 2013

Mr. Dwight D. Brannon
Mr. Matthew Carl Schultz
Brannon & Associates
130 W. Second Street, Suite 900
Dayton, OH 45402
Mr. Douglas Casteel
101 N. First Street
Miamisburg, OH 45342
Mr. Edward Joseph Dowd
Mr. Kevin A. Lantz
Surdyk, Dowd & Turner
One Prestige Place, Suite 700
Miamisburg, OH 45342
Re: Case No. 12-4191, Lucas Burgess, et al v. Gene Fischer, et al
Originating Case No. : 3:10-cv-00024
Dear Counsel,
The court today announced its decision in the above-styled case.
Enclosed is a copy of the court's opinion together with the judgment which has been entered
in conformity with Rule 36, Federal Rules of Appellate Procedure.
Yours very truly,
Deborah S. Hunt, Clerk

Case: 12-4191

Document: 006111871221

Filed: 11/01/2013

Cathryn Lovely
Deputy Clerk
cc: Mr. John P. Hehman
Enclosures
Mandate to issue.

Page: 2