United States Sixth Circuit

In a section 1983 suit alleging the use of excessive force in the course of making an arrest, defendant-police officer is entitled to qualified immunity where there is no genuine issue of fact as to whether his conduct in tackling plaintiff was a violation of her Fourth Amendment rights.

Appellate Information

• Decided 08/04/2005
• Published 08/04/2005

Judges

• Before:  GIBBONS and SUTTON, Circuit Judges;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Lynnette P. Ballato, Subashi, Wildermuth & Ballato, Dayton, Ohio, for Appellants.  Michael C. Thompson, Dayton, Ohio, for Appellee.   ON BRIEF:  Lynnette P. Ballato, Subashi, Wildermuth & Ballato, Dayton, Ohio, for Appellants.  Michael C. Thompson, Dayton, Ohio, for Appellee.