United States Sixth Circuit

In a suit raising claims under the Fourth and Fourteenth Amendments, pursuant to 42 U.S.C. section 1983, and for state law malicious prosecution, defamation, and tortious interference with a prospective contract, summary judgment for defendants on all claims is reversed in part where: 1) plaintiff's arrest for murder was unsupported by probable cause, and thus defendant-prosecutor was not entitled to qualified immunity; 2) the district court erred in concluding that plaintiff had forfeited a Brady claim by failing to plead it with specificity, and erred in determining that plaintiff was on notice of the existence of the evidence at issue; 3) a genuine issue of material facts existed with regard to retaliation, malicious-prosecution claim, defamation, and tortious interference claims.

Appellate Information

• Decided 01/14/2008
• Published 01/14/2008

Judges

• Before: MOORE and GRIFFIN, Circuit Judges;  McKINLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Daniel R. Warren, Baker & Hostetler, Cleveland, Ohio, for Appellant.  Kenneth C. Apicella, Ellison, Nielsen, Zehe & Antas, Chicago, Illinois, for Appellees.   ON BRIEF:  Daniel R. Warren, Stephan J. Schlegelmilch, Thomas D. Warren, Baker & Hostetler, Cleveland, Ohio, for Appellant.  Timothy R. Cleary, Robert G. Stiefvater III, Cleary & Associates, Cleveland, Ohio, for Appellee.