United States Sixth Circuit

Under 42 USC 1988, a finding that a 4th Amendment claim was non-frivolous will preclude a finding that related state claims of false arrest and malicious prosecution were frivolous.

Appellate Information

• Argued 08/01/2000
• Decided 09/25/2001
• Published 09/25/2001

Judges

• Before: MOORE and CLAY, Circuit Judges;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Robert Eddy (argued and briefed), Gary F. Werner (briefed), Gallagher, Sharp, Fulton & Norman, Cleveland, OH, Richard D. Eisenberg (argued and briefed), Zimmerman, Caticchio, Eisenberg & Modica, Lyndhurst, OH, for Plaintiffs-Appellants.


• For Appellees:
  
• Phillip J. Campanella (briefed), Calfee, Halter & Griswold, Cleveland, OH, Leonard F. Carr (briefed), L. Bryan Carr (argued and briefed), Carr, Feneli & Carbone, Mayfield Heights, OH, Gino P. Zavarella (briefed), Cleveland, OH, for Defendants-Appellees.