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CADY v. ARENAC COUNTY

No. 08-1795.

574 F.3d 334 (2009)

Robert Ward CADY, Plaintiff-Appellant, v. ARENAC COUNTY and Curtis G. Broughton, individually and in his official capacity as Arenac County Prosecutor, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 30, 2009.

Attorney(s) appearing for the Case

ARGUED: Russell C. Babcock, The Mastromarco Firm, Saginaw, Michigan, for Appellant. Jason David Kolkema, Johnson, Rosati, Labarge, Aseltyne & Field, P.G., Lansing, Michigan, for Appellees. ON BRIEF: Russell C. Babcock, Victor Joseph Mastromarco, Jr., The Mastromarco Firm, Saginaw, Michigan, for Appellant. Jason David Kolkema, Johnson, Rosati, Labarge, Aseltyne & Field, P.G., Lansing, Michigan, for Appellees.

GILMAN, J., delivered the opinion of the court, in which ZOUHARY, D.J., joined. MARTIN, J. (pp. 345-49), delivered a separate concurring opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

This case raises the question of whether Robert Ward Cady's constitutional rights were violated when the Arenac County Prosecutor required Cady, as a condition for dismissing the criminal assault and battery charges pending against him, to enter into an agreement to temporarily refrain from filing a civil lawsuit against the parties with whom he had had a physical altercation. The district court granted summary judgment...

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