United States Sixth Circuit

In a 42 U.S.C. section 1983 action arising from plaintiff's arrest after he repeatedly told another individual not to talk to defendant-officer, summary judgment for defendant is affirmed where: 1) because defendant had probable cause to arrest plaintiff for disorderly conduct, he did not violate plaintiff's Fourth Amendment rights; 2) summary judgment was proper on a First Amendment claim that plaintiff was arrested for constitutionally protected speech, as his speech was not protected; and 3) even if a constitutional violation had been established, such right would not have been clearly established.

Appellate Information

• Decided 03/21/2008
• Published 03/21/2008

Judges

• Before:  ROGERS and COOK, Circuit Judges;  O'MALLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mark Granzotto, Law Office, Royal Oak, Michigan, for Appellant.  G. Gus Morris, Kupelian, Ormond & Magy, Southfield, Michigan, for Appellee.   ON BRIEF:  Mark Granzotto, Law Office, Royal Oak, Michigan, Thomas L. Kent, Green, Green, Adams & Kent, Ann Arbor, Michigan, for Appellant.  G. Gus Morris, D. Randall Gilmer, Kupelian, Ormond & Magy, Southfield, Michigan, for Appellee.