United States Sixth Circuit

Denial of qualified immunity to conservation officers in a 42 U.S.C. section 1983 case alleging that the officers had maliciously prosecuted plaintiff and retaliated against him in violation of the First Amendment is reversed where defendants had probable cause to seek an indictment and to arrest plaintiff on the criminal charges at issue.

Appellate Information

• Decided 06/02/2006
• Published 06/02/2006

Judges

• Before:  MERRITT, MOORE, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Cara L. Jarrell, Kentucky Commerce Cabinet, Frankfort, Kentucky, for Appellants.  Brenda Popplewell, Brenda Popplewell, Attorney at Law, Somerset, Kentucky, for Appellee.   ON BRIEF:  Ellen F. Benzing, Kentucky Commerce Cabinet, Frankfort, Kentucky, for Appellants.  Brenda Popplewell, Brenda Popplewell, Attorney at Law, Somerset, Kentucky, for Appellee.