United States Sixth Circuit

Denial of a state trooper's motion for summary judgment on qualified immunity, in a 42 U.S.C. section 1983 action, was erroneous because 1)the defense of qualified immunity is a threshold question which the court must address prior to discovery, and 2) plaintiff was not arrested or prosecuted without probable cause.

Appellate Information

• Argued 03/18/2002
• Decided 09/26/2002
• Published 09/26/2002

Judges

• Before:  BATCHELDER and CLAY, Circuit Judges;  CARR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Lawrence Nathaniel Radden (argued and briefed), Radden & Associates, Detroit, MI, for Plaintiff-Appellee., William R. Schulz, Foster, Swift, Collins & Smith, Lansing, MI, for Defendant., Mark S. Meadows (argued and briefed), James T. Farrell, Office of the Attorney General, Tort Defense Division, Lansing, MI, for Defendant-Appellant.