United States Sixth Circuit

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Fritz v. Charter Township of Comstock, 08-2578

In plaintiff's retaliation claim under 42 U.S.C. section 1983 against a town and one of its supervisors, partial grant of defendant's motion for summary judgment regarding the First Amendment retaliation claim is reversed and remanded where plaintiff's factual allegations were sufficient to raise more than a mere possibility of unlawful First Amendment retaliation on the part of the defendants, and thus, the district court erred in granting the motion to dismiss on the pleadings as to that part of the complaint.

Appellate Information

  • Argued 10/09/2009
  • Decided 01/28/2010
  • Published 01/28/2010

Judges

  • Before: RYAN, COLE, and CLAY, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:William Frank Piper, II, William F. Piper, PLC, Portage, Michigan, for Appellant. James R. Nelson, Scholten Fant, P.C., Grand Haven, Michigan, for Appellees. ON BRIEF:William Frank Piper, II, William F. Piper, PLC, Portage, Michigan, for Appellant. James R. Nelson, Scholten Fant, P.C., Grand Haven, Michigan, for Appellees.