United States Sixth Circuit

In appellant's false arrest claim under 42 U.S.C. section 1983, an audiotape of her telephone conversation with a police dispatcher was properly admitted into evidence where it established appellant's state of mind and was not overly prejudicial; appellant's waiver of a probable cause hearing in her state preliminary hearing did not preclude her from litigating the probable cause issue in her section 1983 lawsuit.

Appellate Information

• Argued 02/01/2002
• Decided 05/07/2002
• Published 05/07/2002

Judges

• Before MARTIN, Chief Judge;  GILMAN, Circuit Judge;  EDMUNDS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Phillip L. Davidson (argued and briefed), Nashville, Tennessee, for Plaintiff-Appellant.


• For Appellees:
  
• Dennis W. Stanford (briefed), Rita M. Roberts-Turner (argued), Metropolitan Legal Department, Nashville, Tennessee, for Defendant-Appellee.