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JELINI O. DORSEY and KEVIN L. CLARK, Plaintiffs-Appellees, v. JOHN BARBER, et al., Defendants-Appellants. |
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Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 04-02151—James S. Gwin, District Judge.
Argued: October 24, 2006
Decided and Filed: February 21, 2008
Before: GIBBONS and McKEAGUE, Circuit Judges; TARNOW, District Judge.
McKEAGUE, Circuit Judge. This case presents civil rights claims against various law enforcement officers for unlawful arrest and use of excessive force. Now before the court is an appeal from an interlocutory order of the district court denying two defendants’ motions for summary judgment on the basis of qualified immunity. In particular, the district court held that, due to outstanding questions of fact, defendants Portage County Sheriff’s Deputy Duane M. Dawson and Village of Brady Lake Police Officer Allen C. Begin were not entitled to qualified immunity. Both defendants appealed this ruling. Dawson’s appeal (No. 05-4234) was dismissed on joint motion of the parties on March 2, 2007. Now, for the reasons that follow, we hold that the district court erred in ruling that Officer Begin is not entitled to qualified immunity.