United States Sixth Circuit

In a 42 U.S.C. section 1983 suit against a police officer and municipality alleging violation of plaintiff's rights under the Fourth Amendment, summary judgment for defendant is affirmed where no rational juror could conclude that the police officer acted unreasonably, and there could be no municipal liability under section 1983 in the absence of a proven constitutional violation on the part of its agent.

Appellate Information

• Decided 08/03/2007
• Published 08/03/2007

Judges

• Before:  KENNEDY and GIBBONS, Circuit Judges;  ALDRICH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Heather A. Jefferson, Fieger, Fieger, Kennedy & Johnson, Southfield, Michigan, for Appellants.  Julie McCann O'Connor, O'Connor, DeGrazia Tamm & O'Connor, Bloomfield Hills, Michigan, for Appellees.   ON BRIEF:  Heather A. Jefferson, Fieger, Fieger, Kennedy & Johnson, Southfield, Michigan, for Appellants.  Julie McCann O'Connor, O'Connor, DeGrazia Tamm & O'Connor, Bloomfield Hills, Michigan, for Appellees.