United States Sixth Circuit

Dismissal of a civil rights action resulting from plaintiff's arrest at a township board meeting is reversed where: 1) no reasonable officer would have found probable cause to arrest plaintiff solely for uttering "God damn" while addressing a township board as the First Amendment protects this sort of uninhibited debate; and 2) plaintiff's retaliation claim survived summary judgment because defendant's motive for the arrest was a genuine issue of material fact in dispute.

Appellate Information

• Decided 02/02/2007
• Published 02/02/2007

Judges

• Before: BOGGS, Chief Judge;  and KEITH and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael E. Freifeld, Law Office of Glen N. Lenhoff, Flint, Michigan, for Appellant.  Frank A. Misuraca, Kaufman & Payton, Farmington Hills, Michigan, for Appellee.   ON BRIEF:  Michael E. Freifeld, Law Office of Glen N. Lenhoff, Flint, Michigan, for Appellant.  Frank A. Misuraca, Kaufman & Payton, Farmington Hills, Michigan, for Appellee.