Denise Coley, et al v. Lucas County, Ohio, et al


OPINION and JUDGMENT filed : The judgment of the district court denying qualified immunity to Defendants Schmeltz, Gray, and Telb regarding Plaintiffs claims of excessive force and failure to train is AFFIRMED. IT IS FURTHER ORDERED that the district court s denial of statutory immunity under Ohio law to Defendant Telb is AFFIRMED. The case is REMANDED to the district court for further expedited proceedings consistent with the opinion of this court. Decision for publication. Eugene E. Siler, Jr., Jeffrey S. Sutton, and Jane Branstetter Stranch (AUTHORING), Circuit Judges. [14-3134, 14-3136, 14-3137]

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Case: 14-3134 Document: 49-1 Filed: 08/21/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Deborah S. Hunt Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 Filed: August 21, 2015 Mr. Thomas Joseph Antonini Robison, Curphey & O'Connell Four SeaGate, Ninth Floor Toledo, OH 43604 Mr. Dennis A. Lyle Anspach Meeks Ellenberger 300 Madison Avenue, Suite 1600 Toledo, OH 43604 Mr. Joel Louis Levin Mr. Aparesh Paul Levin & Associates 1301 E. Ninth Street, Suite 1100 Cleveland, OH 44114 Mr. Joseph S. Simpson Shumaker, Loop & Kendrick 1000 Jackson Street Toledo, OH 43604-5573 Re: Case No. 14-3134/3136/3137, Denise Coley, et al v. Lucas County, Ohio, et al Originating Case No. : 3:09-cv-00008 Dear Counsel, The court today announced its decision in the above-styled cases. 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 Cathryn Lovely Deputy Clerk cc: Ms. Geri M. Smith Enclosures Mandate to issue.

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