United States Sixth Circuit

Where a police offer testified that he lacked probable cause to arrest plaintiff under Ohio law, since plaintiff was intoxicated but was not a danger to himself, other people or property, the district court therefore erred in denying plaintiff's motion for judgment as a matter of law on his Fourth Amendment claim. Where plaintiff had a constitutional right to verbally challenge a police officer's surveillance, the officer lacked qualified immunity from plaintiff's First Amendment retaliation claim.

Appellate Information

• Decided 02/16/2001
• Published 02/16/2001

Judges

• Before ENGEL, JONES, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Zach Zunshine (argued and briefed), Columbus, OH, for Plaintiff-Appellant.


• For Appellees:
  
• Michael Russell (argued and briefed), Gregory P. Dunsky, Office of the Prosecuting Attorney for the County of Montgomery, Dayton, OH, for Defendants-Appellees.