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GADDIS EX REL. GADDIS v. REDFORD TP.

No. 02-1483.

364 F.3d 763 (2004)

Joseph GADDIS, by his next friend and guardian, Erma GADDIS, Plaintiff-Appellant, v. REDFORD TOWNSHIP, a municipal corporation; City of Dearborn Heights, a municipal corporation; Matthew Bain, in his official and individual capacities; John Burdick, in his official and individual capacities; Richard Duffany, in his official and individual capacities, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 26, 2004.

Attorney(s) appearing for the Case

Justin C. Ravitz (briefed), Sommers, Schwartz, Silver & Schwartz, Southfield, MI, Mark R. Bendure (argued and briefed), Bendure & Thomas, Detroit, MI, for Plaintiffs-Appellants.

Ethan Vinson, Joseph Nimako (argued and briefed), Cummings, McClorey, Davis & Acho, Livonia, MI, Eric D. Smith (argued and briefed), Christine A. Fisher (briefed), Hopkins, Curran & Smith, Southfield, MI, John H. Dise, Jr. (argued and briefed), Dise & Associates, Southfield, MI, Richard J. Corriveau, Northville, MI, for Defendants-Appellees.

Before: BOGGS, Chief Judge; and KRUPANSKY and CLAY, Circuit Judges.

BOGGS, C.J., delivered the opinion of the court, in which KRUPANSKY, J., joined. CLAY, J. (pp. 777-86), delivered a separate dissenting opinion.

OPINION

BOGGS, Chief Judge.

Joseph Gaddis, a mentally ill man proceeding by his next friend, appeals from the district court's grant of summary judgment to the defendants in his 42 U.S.C. § 1983 action. Mr. Gaddis claims that the individual defendants, members of two

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