United States Sixth Circuit

In an action brought against defendants, an officer and a regional airport authority, arising from plaintiff's arrest and subsequent prosecution for disorderly conduct and resisting arrest, a judgment in favor of defendants is affirmed where: 1) state law claims were properly dismissed as time-barred; 2) plaintiff's Fourth Amendment claims were likewise barred by the one-year statute of limitation and should have been dismissed as untimely; 3) alternatively, defendant-officer was entitled to qualified immunity with respect to the Fourth Amendment claims; 4) plaintiff could not prevail on a claim for malicious prosecution; and 5) consequently, plaintiff could not establish municipal liability.

Appellate Information

• Decided 06/04/2007
• Published 06/04/2007

Judges

• Before:  GUY, COLE, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Garry Adams, Jr., Clay, Kenealy, Wagner & Adams, Louisville, Kentucky, for Appellant.  Jennifer B. Swyers, Stites & Harbison, Louisville, Kentucky, for Appellees.   ON BRIEF:  Garry Adams, Jr., Wendi S. Wagner, Clay, Kenealy, Wagner & Adams, Louisville, Kentucky, for Appellant.  Jennifer B. Swyers, Robert W. Griffith, Stites & Harbison, Louisville, Kentucky, for Appellees.