United States Sixth Circuit

In a former firefighter's 42 U.S.C. section 1983 action against city and police alleging that his constitutional rights were violated because he was arrested and detained without probable cause, summary judgment for defendants is reversed and remanded where: 1) defendants were not entitled to qualified immunity for purposes of false arrest and false imprisonment claims, as a genuine issue of material fact existed as to whether plaintiff's initial arrest was supported by probable cause; and 2) for the same reasons, state law claims also required reinstatement.

Appellate Information

• Decided 07/22/2008
• Published 07/22/2008

Judges

• Before:  MERRITT, CLAY, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joel B. Sklar, Law Office, Detroit, Michigan, for Appellant.  Eric S. Goldstein, Berry, Johnston, Sztykiel, Hunt & McCandless, Troy, Michigan, for Appellee.   ON BRIEF:  Joel B. Sklar, Ben M. Gonek, Law Office, Detroit, Michigan, for Appellant.  Eric S. Goldstein, Berry, Johnston, Sztykiel, Hunt & McCandless, Troy, Michigan, for Appellee.