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PAYTON v. WAYNE COUNTY

Docket No. 69492.

137 Mich. App. 361 (1984)

357 N.W.2d 700

PAYTON v. WAYNE COUNTY

Michigan Court of Appeals.

Decided July 11, 1984.

Attorney(s) appearing for the Case

Marston, Sachs, Nunn, Kates, Kadushin & O'Hare, P.C. (by Elizabeth J. Larin), and Michael J. Brady, for plaintiff.

John D. O'Hair, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and Don W. Atkins, Assistant Prosecuting Attorney, for defendant.

Amicus Curiae:

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and E. David Brockman and Paul L. Bricker, Assistants Attorney General.

Before: J.H. GILLIS, P.J., and T.M. BURNS and N.J. KAUFMAN, JJ.

PER CURIAM.

Defendants Wayne County Prosecuting Attorney, Chief Assistant Prosecuting Attorney, and John Doe, Assistant Prosecuting Attorneys (defendants) appeal by leave granted from a circuit court order denying defendants' motion for summary judgment. Pursuant to GCR 1963, 806.3(2), the following facts were adopted.

Plaintiff was arrested on November 5, 1980, by Highland Park Police officers. The officers came to the home of plaintiff's mother to question...

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