Opinion

Term Auto Sales, Inc. v. City of Cleveland

  • 958 F.2d 372
  • 1992 U.S. App. LEXIS 11351
  • 1992 WL 52713
Court
Court of Appeals for the Sixth Circuit
Filed
Mar 19, 1992
Status
Unpublished
Cited by
0 cases
Authority
More cited than 18.9%

The opinion

958 F.2d 372

NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.

TERM AUTO SALES, INC., et al, Defendants-Appellees,

v.

CITY OF CLEVELAND, et al., Plaintiffs-Appellants

No. 91-3425.

United States Court of Appeals, Sixth Circuit.

March 19, 1992.

1

Before MILBURN and SUHRHEINRICH, Circuit Judges, and COHN, * District Judge.

ORDER

2

On May 4, 1988, the remaining defendants in this case, the City of Cleveland and a number of police officers, filed a motion to dismiss for failure to state a claim, Fed.R.Civ.P. 12(b)(6), or in the alternative for summary judgment due to the absence of a material issue of fact or qualified immunity of the police officers. On April 8, 1991, the district court denied the motion without opinion.

3

The police officers appeal the denial of their qualified immunity claim. See Long v. Norris, 929 F.2d 1111, 1113-14 (6th Cir.), cert. denied, 112 S.Ct. 187 (1991) (denial of summary judgment on qualified immunity is immediately appealable). We have examined the record and briefs and are of the opinion that it would be imprudent to review the district court's ruling without the benefit of its reasoning. Therefore, we vacate the district court's order of April 8, 1991 and remand for further consideration and the issuance of an opinion.

*

The Honorable Avern Cohn, United States District Judge for the Eastern District of Michigan, sitting by designation

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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