Melinda Thompson v. City of Lebanon, et al

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OPINION and JUDGMENT: The plaintiff s motion to dismiss for lack of appellate jurisdiction as to the issues of law raised by Officers McKinley and McDannald [5117879-2] is DENIED, the district court s denial of summary judgment as to these issues is AFFIRMED, and the plaintiff s motion as to the City s appeal and in all other respects is GRANTED. Decision for publication. Alice M. Batchelder (AUTHORING) and Jane Branstetter Stranch (CONCURRING IN PART AND DISSENTING IN PART), Circuit Judges; and Denise Page Hood, Chief United States District Judge for the Eastern District of Michigan, sitting by designation.

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Case: 14-5711 Document: 57-3 Filed: 07/26/2016 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 14-5711 MELINDA THOMPSON, Individually and as Administrator of the Estate of Gregory Thompson, Jr., Plaintiff - Appellee, FILED Jul 26, 2016 DEBORAH S. HUNT, Clerk v. CITY OF LEBANON, TENNESSEE; DAVID MCKINLEY, Officer; MITCHELL MCDANNALD Patrol Officer, Defendants - Appellants. Before: BATCHELDER and STRANCH, Circuit Judges; HOOD, District Judge. JUDGMENT On Appeal from the United States District Court for the Middle District of Tennessee at Nashville. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the plaintiff’s motion to dismiss for lack of appellate jurisdiction as to the issues of law raised by Officers McKinley and McDannald is DENIED, the district court’s denial of summary judgment as to these issues is AFFIRMED, and the plaintiff’s motion as to the City’s appeal and in all other respects is GRANTED. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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