United States Sixth Circuit

In a case brought by a police officer alleging that, after an altercation at a bar while he was off duty, he was unlawfully required to take the breathalyzer test in violation of his constitutional rights, summary judgment for defendants is affirmed where: 1) under a totality-of-the-circumstances analysis, plaintiff was not seized when he submitted to the breathalyzer test, but was only afraid he would be terminated or suspended if he didn't take it; and 2) thus, no constitutional violation occurred.

Appellate Information

• Decided 01/10/2008
• Published 01/10/2008

Judges

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Phillip L. Davidson, Nashville, Tennessee, for Appellant.  Francis H. Young, Metropolitan Department of Law, Nashville, Tennessee, for Appellees.   ON BRIEF:  Phillip L. Davidson, Nashville, Tennessee, for Appellant.  Francis H. Young, Metropolitan Department of Law, Nashville, Tennessee, for Appellees.