United States Sixth Circuit

Orders in a 42 U.S.C. section 1983 and state law case arising from plaintiff's now-vacated conviction and imprisonment on rape and related charges are reversed in part as to: 1) summary judgment to one defendant with respect to allegations that she violated his Fourth Amendment rights by failing to disclose exculpatory evidence; 2) summary judgment to defendant-officer on allegations that he violated plaintiff's rights by continuing his detention without probable cause; and 3) summary judgment for defendant-city on claims relating to identification procedures and to disclosure of exculpatory evidence.

Appellate Information

• Decided 04/11/2006
• Published 04/11/2006

Judges

• Before:  SILER and CLAY, Circuit Judges;  MILLS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Roger G. Wright, Kentucky State Police Legal Office, Justice & Public Safety Cabinet, Frankfort, Kentucky, for Appellants. Lisa A. Schweickart, Jefferson County Attorney's Office, Louisville, Kentucky, Barry C. Scheck, Deborah L. Cornwall, Cochran, Neufeld & Scheck, New York, New York, James M. Herrick, Office of the Attorney General, Frankfort, Kentucky, for Appellees.   ON BRIEF:  Roger G. Wright, Kentucky State Police Legal Office, Justice & Public Safety Cabinet, Frankfort, Kentucky, Daniel Luke Morgan, Commonwealth of Kentucky, Justice and Public Safety Cabinet, Frankfort, Kentucky, for Appellants.  Lisa A. Schweickart, Paul V. Guagliardo, Jefferson County Attorney's Office, Louisville, Kentucky, Barry C. Scheck, Deborah L. Cornwall, Nick J. Brustin, Cochran, Neufeld & Scheck, New York, New York, James M. Herrick, Office of the Attorney General, Frankfort, Kentucky, Larry D. Simon, Simon & Simon, Louisville, Kentucky, for Appellees.