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


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.

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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. (513) 564-7000 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

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