Brian Patterson, et al v. City of Akron, Ohio, et al

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OPINION: we REVERSE the district court's grant of summary judgment to the officers on Brian Patterson's claims, and find the district court abused its discretion in excluding the Officer Bickett's Taser Report at Derek Patterson's trial. This matter is REMANDED for a new trial as to both Brian Patterson and Derek Patterson, decision not for publication. Raymond M. Kethledge, Circuit Judge, CONCURRING IN PART AND DISSENTING IN PART; Bernice Bouie Donald, AUTHORING Circuit Judge and Jon Phipps McCalla, U.S. District Judge for the Western District of Tennessee, sitting by designation.

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Case: 13-4321 Document: 38-1 Filed: 07/22/2015 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 www.ca6.uscourts.gov Filed: July 22, 2015 Mr. John Christopher Reece City of Akron Department of Law 161 S. High Street Suite 202 Akron, OH 44308 Ms. Nancy C. Schuster Schuster & Simmons 2913 Clinton Avenue Bevelin House Cleveland, OH 44113 Re: Case No. 13-4321, Brian Patterson, et al v. City of Akron, Ohio, et al Originating Case No. : 5:08-cv-01300 Dear Counsel, The Court issued the enclosed (Order/Opinion) today in this case. Sincerely yours, s/Laura A. Jones Case Manager Direct Dial No. 513-564-7023 cc: Mr. Michael J. Defibaugh Ms. Geri M. Smith Enclosure Mandate to issue

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