United States Sixth Circuit

Summary judgment for defendant, an off duty officer working as a security guard at a baseball game who arrested plaintiff-heckler, in a state law and 42 U.S.C. section 1983 case is reversed where: 1) the statute of limitations did not bar a claim; 2) defendant was a state actor for the duration of the incident; 3) plaintiff raised a genuine issue of material fact as to whether defendant had probable cause to arrest him, contrary to his clearly established rights; 4) plaintiff's First Amendment protections applied at the ballpark; and 5) a genuine issue of material fact existed as to whether defendant committed a constitutional violation in arresting plaintiff for his clearly established free speech rights.

Appellate Information

• Decided 09/15/2006
• Published 09/15/2006

Judges

• Before:  GILMAN, SUTTON, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen W. Gard, Cleveland, Ohio, for Appellants.   Thomas R. Wolf, Reminger & Reminger, Cleveland, Ohio, for Appellee.   ON BRIEF:  Stephen W. Gard, Cleveland, Ohio, for Appellants.  Thomas R. Wolf, Reminger & Reminger, Cleveland, Ohio, for Appellee.