
    Fugatt, Admr., Appellant, v. Marion County Sheriff’s Department et al., Appellees.
    [Cite as Fugatt v. Marion Cty. Sheriff’s Dept. (1991), 60 Ohio St. 3d 601.]
    (No. 90-1325 —
    Submitted April 17, 1991 —
    Decided June 5, 1991.)
    
      Williams, Jilek & Lafferty Co., L.P.A., and Drew R. Masse, for appellant.
    
      Jim Slagle, prosecuting attorney, for appellees Marion County Sheriff’s Department et al.
    
      Lane, Alton & Horst, Mary Barley-McBride and James K. Rems, for appellee Roberta Jaycox.
   The appeal is dismissed, sua sponte, as having been improvidently allowed.

Moyer, C.J., Sweeney, Wright, H. Brown and Re snick, JJ., concur.

Holmes and Douglas, JJ., dissent.

Holmes, J.,

dissenting. I would not improvidently allow this appeal. I would affirm the judgment of the court of appeals.  