United States Sixth Circuit

In homeowners' suit against a city, a city inspector and other individuals in their official and personal capacities, claiming that defendants violated their procedural and substantive due process rights by ordering a construction worker to remove a temporary asphalt layer in their driveway, judgment of the district court is reversed and remanded where: 1) defendants are entitled to qualified immunity because state officials are permitted under the Constitution to inform citizens of the officials' view that they are violating state or local law and state officials are also permitted to threaten litigation or prosecution if citizens do not agree to conform their actions to state or local law; and 2) defendant did not violate plaintiffs' substantive due process rights as the asphalt driveway incident did not implicate specific constitutional guarantees.

Appellate Information

• Argued 07/29/2010
• Decided 08/20/2010
• Published 08/20/2010

Judges

• ROGERS

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Robert H. Eddy, Sarah K. Skow