United States Sixth Circuit

In a 42 U.S.C. section 1983 action arising from a traffic stop, forcible seizure at gun point, search, and brief restraint of the plaintiff, denial of qualified immunity for defendants is reversed where: 1) plaintiff's complaint sufficiently alleged, and a reasonable jury could find, that defendants violated his Fourth Amendment rights; but 2) under the circumstances, a reasonable officer in the shoes of the individual officer defendants could have reasonably believed that his actions were constitutional.

Appellate Information

• Decided 04/02/2007
• Published 04/02/2007

Judges

• Before CLAY and GILMAN, Circuit Judges;  OBERDORFER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David E. Peterson, Columbus City Attorney's Office, Columbus, Ohio, for Appellants.  James D. McNamara, Columbus, Ohio, for Appellee.   ON BRIEF:  David E. Peterson, Columbus City Attorney's Office, Columbus, Ohio, for Appellants.  James D. McNamara, Columbus, Ohio, for Appellee.