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O'MALLEY v. CITY OF FLINT

No. 09-2037.

652 F.3d 662 (2011)

Sean O'MALLEY, Plaintiff-Appellee, v. CITY OF FLINT, Defendant, Gary Hagler, Acting Police Chief, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 26, 2011.

Attorney(s) appearing for the Case

ARGUED: Daniel A. Klemptner, Johnson, Rosati, LaBarge, Aseltyne & Field, P.C., Farmington Hills, Michigan, for Appellant. Christopher J. McGrath, Novi, Michigan, for Appellee. ON BRIEF: Daniel A. Klemptner, Johnson, Rosati, LaBarge, Aseltyne & Field, P.C., Farmington Hills, Michigan, for Appellant. Kenneth M. Scott, Flint, Michigan, for Appellee.

GRIFFIN, J., delivered the opinion of the court, in which COLLIER, Chief D.J., joined. GILMAN, J. (pp. 672-78), delivered a separate opinion concurring in part and dissenting in part.

OPINION

GRIFFIN, Circuit Judge.

Defendant Police Chief Gary Hagler appeals an order of the district court denying his motion for summary judgment based upon qualified immunity regarding plaintiff Sean O'Malley's 42 U.S.C. § 1983 claims of unlawful search and seizure and excessive force. We reverse and remand for entry of a judgment in favor of defendant Hagler.

I.

The events giving rise to this case began when defendant Gary Hagler...

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