McKINNEY v. GALVIN

No. 81-1472.

701 F.2d 584 (1983)

Norman McKINNEY, Plaintiff-Appellant, v. Michael GALVIN and The City of Troy, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 2, 1983.

As Amended March 8, 1983.


Attorney(s) appearing for the Case

Robert J. Dinges, Glotta, Adelman, Dinges, Davis, Riley, Hugh M. Davis, Jr. (argued), Detroit, Mich., for plaintiff-appellant.

Bernard P. McClorey, Susan D. Nelson, Ethan Vinson (argued), Livonia, Mich., for defendants-appellees.

Before KENNEDY and WELLFORD, Circuit Judges, and BROWN, Senior Circuit Judge.


CORNELIA G. KENNEDY, Circuit Judge.

Norman McKinney appeals from a jury verdict in favor of the defendants in this § 19831 action for false arrest, use of excessive force in effecting the arrest, and illegal search and seizure. He contends that he is entitled to a new trial because of error in admitting evidence of his refusal to submit to a breathalyzer test. In the alternative, he contends that having admitted evidence of his refusal...

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