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LIVERMORE EX REL ROHM v. LUBELAN

No. 06-1465.

476 F.3d 397 (2007)

Geraldine LIVERMORE, Personal Representative for the Estate of Roland E. ROHM, deceased, Plaintiff-Appellee, v. Daniel LUBELAN and Jerry Ellsworth, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 7, 2007.

Attorney(s) appearing for the Case

ARGUED: Margaret A. Nelson, Michigan Department of Attorney General, Lansing, Michigan, for Appellants. Herbert A. Brail, Keane & Keane, Dearborn, Michigan, for Appellee. ON BRIEF: Margaret A. Nelson, Mark E. Donnelly, Michigan Department of Attorney General, Lansing, Michigan, for Appellants. Christopher J. Keane, Keane & Keane, Dearborn, Michigan, for Appellee.

Before: BATCHELDER and GRIFFIN, Circuit Judges; PHILLIPS, District Judge.

OPINION

GRIFFIN, Circuit Judge.

Defendants Daniel Lubelan and Jerry Ellsworth appeal the denial of their motion for summary judgment brought pursuant to FED. R. CIV. P. 56(c). Defendants argue that the district court mistakenly concluded that genuine issues of material fact precluded the entry of summary judgment and that it failed to consider whether defendants were entitled to qualified immunity from plaintiff Geraldine Livermore's Fourth Amendment claims...

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