KENNEDY, J., delivered the opinion of the court, in which Merritt, J., joined. GILMAN, J. (pp. 877-81), delivered a separate dissenting opinion. OPINION KENNEDY, Circuit Judge. This case arises from an altercation between Jack Frantz (Frantz) and two Bradford, Ohio police officers on August 3, 1996, which led to the arrest and trial of Frantz for felony assault, disorderly conduct, and…
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