Jeff Courtright v. City of Battle Creek, et al

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OPINION and JUDGMENT filed : The district court s denial of the defendants motion to dismiss the excessive-force and false-arrest claims based on qualified immunity is AFFIRMED. IT IS FURTHER ORDERED that the defendant s appeal of the district court s denial of the motion to dismiss the municipal-liability claim is DISMISSED for lack of jurisdiction. Decision for publication. Martha Craig Daughtrey (AUTHORING), Karen Nelson Moore, and Jane Branstetter Stranch, Circuit Judges.

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Case: 15-1722 Document: 33-3 Filed: 10/14/2016 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 15-1722 FILED JEFF COURTRIGHT, Plaintiff - Appellee, Oct 14, 2016 DEBORAH S. HUNT, Clerk v. CITY OF BATTLE CREEK; CRAIG WOLF and TODD RATHJEN, in their individual and official capacities, Defendants - Appellants. Before: DAUGHTREY, MOORE, and STRANCH, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s denial of the defendants’ motion to dismiss the excessive-force and false-arrest claims based on qualified immunity is AFFIRMED. IT IS FURTHER ORDERED that the defendant’s appeal of the district court’s denial of the motion to dismiss the municipal-liability claim is DISMISSED for lack of jurisdiction. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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