United States Sixth Circuit

In a 42 U.S.C. section 1983 action brought by a police officer, alleging a violation of his First Amendment rights when disciplinary actions were taken against him after he made statements to the FBI about activities in the police department, denial of defendant-police chief's motion for summary judgment based on qualified immunity is affirmed as a genuine issue of material fact existed as to whether a reasonable official in defendant's position would have believed that plaintiff made the statements to the FBI knowing they were false, or with reckless disregard for their truthfulness.

Appellate Information

• Decided 09/19/2007
• Published 09/19/2007

Judges

• Before:  COLE and GILMAN, Circuit Judges;  MARBLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Kathryn A. Kerka, Jeffrey M. Elzeer, Valore & Cruse Co., Westlake, Ohio, for Appellant.  Terry H. Gilbert, Friedman & Gilbert, Cleveland, Ohio, for Appellees.