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McDADE v. CITY OF CLEVELAND

No. 98415.

2012 Ohio 5515

TENSIE McDADE, PLAINTIFF-APPELLEE, v. CITY OF CLEVELAND, ET AL., DEFENDANTS-APPELLANTS.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: November 29, 2012.

Attorney(s) appearing for the Case

Barbara Langhenry, Interim Director of Law, BY: Shawn M. Mallamad, Assistant Director of Law, City of Cleveland, 601 Lakeside Avenue, Room 106, Cleveland, Ohio 44114, Attorneys for Appellants.

Ronald A. Apelt, Apelt Law Firm, LLC, 20600 Chagrin Blvd, Suite 400, Shaker Heights, Ohio 44122, Attorney for Appellee.

BEFORE: Jones, J., Boyle, P.J., and Kilbane, J.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, Sr., J.

{¶1} Defendants-appellants, the city of Cleveland, department of public safety, division of police ("the police department") and the city of Cleveland ("the city"), appeal from the trial court's judgment denying their motion to dismiss the complaint of plaintiff-appellee Tensie McDade. We reverse.

I. Procedural History

{¶2} In her December 2011 complaint...

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