United States Sixth Circuit

In a civil rights case brought by a pro-life public policy and advocacy group and members thereof arising from a police stop and detention, summary judgment for defendants on claims under 42 U.S.C. section 1983 is reversed in part where: 1) the district court erred in finding Defendants, as sued in their individual capacity, were entitled to qualified immunity from Plaintiffs' First Amendment retaliation claim; 2) officers violated plaintiff's Fourth Amendment rights by subjecting them to an unreasonable seizure of their persons; and 3) the district court erred in finding that federal and state officers, sued in their individual capacity, were protected by qualified immunity.

Appellate Information

• Decided 02/20/2007
• Published 02/20/2007

Judges

• Before MOORE and CLAY, Circuit Judges;  BELL, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert Joseph Muise, Thomas More Law Center, Ann Arbor, Michigan, for Appellants.  Mark D. Landes, Isaac, Brant, Ledman & Teetor, Columbus, Ohio, Boyd W. Gentry, Surdyk, Dowd & Turner Co., Dayton, Ohio, Benjamin C. Glassman, United States Attorney, Cincinnati, Ohio, for Appellees.   ON BRIEF:  Robert Joseph Muise, Thomas More Law Center, Ann Arbor, Michigan, for Appellants.  Mark D. Landes, J. Eric Holloway, Isaac, Brant, Ledman & Teetor, Columbus, Ohio, Boyd W. Gentry, Jeffrey C. Turner, Surdyk, Dowd & Turner Co., Dayton, Ohio, Benjamin C. Glassman, United States Attorney, Cincinnati, Ohio, for Appellees.