United States Sixth Circuit

In a claim by plaintiff that defendant deputies seized her in violation of her Fourth Amendment rights during the course of the officers' visit to her property to aid a neighbor's reclamation of property pursuant to a court order, summary judgment in favor of defendants is affirmed where: 1)defendants were entitled to qualified immunity because plaintiff failed to demonstrate that the force used was clearly established as unconstitutional in a "particularized" sense; 2) plaintiff failed to present any facts that would allow a jury to support her section 1983 claim against the county; and 3) plaintiff's own testimony demonstrates the officers did not conduct an illegal search and the only property searched for or seized was the property listed on the court order.

Appellate Information

• Decided 09/02/2008
• Published 09/02/2008

Judges

Court

• United States Sixth Circuit

Counsel