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Montgomery County attorneys Keith Hansbrough and Jillian Dinehart had sought to reverse Newman’s ruling, which denied qualified immunity and state law immunity for law enforcement personnel.
A Sixth Circuit Court of Appeals panel upheld Newman’s decision 3-0. County attorneys asked for a reconsideration, which was quickly denied.
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In a motion filed in Dayton’s U.S. District Court, attorneys asked Newman to delay the trial to see if four Supreme Court justices would vote to review the case. The petition to the SCOTUS is due before July 30.
“Here, the Sixth Circuit unanimously affirmed the undersigned’s decision on summary judgment … and the undersigned finds no reasonable (probability) that four Justices will vote to grant certiorari; no significant possibility that the Court’s denial of summary judgment will be reversed; and no harm will result to Defendants other than the cost associated with litigation,” Newman wrote. “Accordingly, no factor weighs in favor of granting a stay of proceedings.”
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