United States Sixth Circuit

Denial of defendants' motion for summary judgment in a civil rights action under 42 U.S.C. section 1983 regarding an illegal police search is reversed pursuant to a finding of qualified immunity where a reasonable person in defendants' position would not have known that his conduct violated a clearly established right.

Appellate Information

• Decided 01/06/2006
• Published 01/06/2006

Judges

• Before:  GILMAN and COOK, Circuit Judges;  MILLS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Marcia L. Howe, Johnson, Rosati, LaBarge, Aseltyne & Field, Farmington Hills, Michigan, for Appellants.  Cynthia Heenan, Constitutional Litigation Associates, Detroit, Michigan, for Appellees.   ON BRIEF:  Marcia L. Howe, Johnson, Rosati, LaBarge, Aseltyne & Field, Farmington Hills, Michigan, for Appellants.  Cynthia Heenan, Constitutional Litigation Associates, Detroit, Michigan, for Appellees.