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BRINDLEY v. McCULLEN

No. 94-1499.

61 F.3d 507 (1995)

Steven D. BRINDLEY and Kellie Sue Brindley, Plaintiffs-Appellants, v. Michael McCULLEN; Mark Garabelli; Richard Mainprize; City of Saginaw; City of Saginaw Police Department; Thomas McIntyre, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 8, 1995.

Attorney(s) appearing for the Case

Stuart W. Hyvonen (argued and briefed), Saginaw, MI, for Steven D. Brindley, Kellie Sue Brindley.

Stephen L. Borrello (briefed), Thomas & Jensen, Saginaw, MI, for Mark Garabelli, Thomas McIntyre.

Donald S. McGehee (argued and briefed), Office of Atty. Gen. of Michigan, Lansing, MI, for Richard Mainprize, Michigan Dept. of State Police.

Daniel P. Dalton (argued), Johnson, Rosati, Galica & Shifman, Farmington Hills, MI, Andre R. Borrello (argued), City of Saginaw Attorney's Office, Saginaw, MI, Kenneth G. Galica, Marcelyn A. Stepanski (briefed), Johnson, Rosati, Galica, Shifman, LaBarge, Aseltyne, Sugameli & Field, Bay City, MI, for Michael McCullen, Saginaw Police Dept., City of Saginaw.

Before: WELLFORD, NELSON, and RYAN, Circuit Judges.

WELLFORD, J., delivered the opinion of the court, in which NELSON, J., joined. RYAN, J. (pp. 509-10), delivered a separate dissenting opinion.

WELLFORD, Circuit Judge.

Steven D. Brindley and his wife Kellie Sue ("the Brindleys") brought a section 1983 claim alleging that the Saginaw City Policy Department and its individual officers violated their Fourth Amendment rights when the police department executed a search warrant at their home. Although their complaint...

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