United States Sixth Circuit

In an action arising from circumstances where plaintiff was mistakenly identified by store employees as having shoplifted and subsequently arrested, summary judgment for defendants on 42 U.S.C. section 1983 and state-law claims is affirmed in part where: 1) officers and township and township could not be held liable under section 1983 under the circumstances, as any error was attributable to store employees; 2) the store's employees were not state actors for purposes of section 1983; and 3) state law claims against township defendants failed as there was no lack of probable cause. However, the court reverses in part as to the state law claims against the store and employees where there remained a genuine issue of material fact as to whether store security guards had probable cause to suspect plaintiff of shoplifting.

Appellate Information

• Decided 03/14/2007
• Published 03/14/2007

Judges

• Before MARTIN, COLE, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Philip H. Seymour, Cooper, Shifman, Gabe, Quinn & Seymour, Royal Oak, Michigan, for Appellants.  Joseph Nimako, Cummings, McClorey, Davis & Acho, Livonia, Michigan, Jeffrey C. Gerish, Plunkett & Cooney, Bloomfield Hills, Michigan, for Appellees.