United States Sixth Circuit

In a case involving civil rights claims against various law enforcement officers for unlawful arrest and use of excessive force, denial of one defendant's motion for summary judgment based on qualified immunity is reversed where: 1) defendant's act of stopping plaintiffs, in reliance on a BOLO and a sergeant's "stop and hold" order, did not violate their Fourth Amendment rights because the BOLO and order were based on articulable facts supporting reasonable suspicion; 2) defendant was entitled to qualified immunity even though he erred in displaying his firearm and ordering plaintiffs to lie on the ground for two minutes; and 3) he was also entitled to qualified immunity on an excessive force claim.

Appellate Information

• Decided 02/21/2008
• Published 02/21/2008

Judges

• Before: GIBBONS and McKEAGUE, Circuit Judges;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Nick Tomino, Medina, Ohio, for Appellants.  Edward L. Gilbert, Slater, Zurz & Gilbert, Akron, Ohio, for Appellees.   ON BRIEF:  Nick Tomino, Medina, Ohio, for Appellants.  Edward L. Gilbert, Slater, Zurz & Gilbert, Akron, Ohio, for Appellees.