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KIMBLE v. HOSO

No. 04-3837.

439 F.3d 331 (2006)

Lyndal KIMBLE and Melanise Kimble, Plaintiffs-Appellees, v. Greg HOSO; Frank Tempesta; Michael Stabile; John Mandopoulos; and The City of Warren, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 28, 2006.

Attorney(s) appearing for the Case

ARGUED: Hilary S. Taylor, Weston Hurd, Cleveland, Ohio, for Appellants. ON BRIEF: Hilary S. Taylor, Weston Hurd, Cleveland, Ohio, for Appellants. Richard A. Olivito, Boardman, Ohio, for Appellees.

Before: MERRITT, MARTIN, and GILMAN, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Lyndal and Melanise Kimble filed suit against the defendants under 28 U.S.C. § 1983, asserting that Lyndal Kimble was the victim of excessive force by the police. The defendants allege that the district court erred by failing to promptly award summary judgment in their favor on the grounds of qualified immunity. For the reasons set forth below, we dismiss the defendants's interlocutory appeal for lack of...

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