United States Sixth Circuit

In plaintiff's 42 U.S.C. section 1983 suit claiming various constitutional violations against him during a traffic stop and arrest for several traffic code violations, civil infractions, including drunk driving, all of which were dismissed when plaintiff's blood alcohol level was determined to be 0.00%, a grant of defendants' motion for summary judgment is affirmed in part, reversed in part and remanded where: 1) summary judgment on malicious prosecution claims with respect to four of the seven tickets was properly granted because they constituted civil infractions, not criminal prosecutions; 2) grant of summary judgment with respect to unlawful search and seizure for a second blood test, a state claim of gross negligence and municipal liability against the county were properly granted; 3) grant of summary judgment with respect to federal claims of malicious prosecution for criminal charges, unlawful arrest, and excessive force are reversed; and 4) grant of summary judgment with respect to state law claims of false arrest, false imprisonment, malicious prosecution, assault and battery are reversed.

Appellate Information

• Argued 03/10/2010
• Decided 06/07/2010
• Published 06/07/2010

Judges

• Before MERRITT, COLE, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Shawn C. Cabot, Christopher Trainor and Associates, White Lake, Michigan, for Appellant. Megan K. Cavanagh, Garan Lucow Miller, P.C., Detroit, Michigan, for Appellees. ON BRIEF:Christopher J. Trainor, Christopher Trainor and Associates, White Lake, Michigan, for Appellant. Rosalind Rochkind, John J. Gillooly, Garan Lucow Miller, P.C., Detroit, Michigan, for Appellees.