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COLLINS v. CITY OF DETROIT

No. 84-1020.

780 F.2d 583 (1986)

Ellen COLLINS and O'Dell Collins, Plaintiffs-Appellants, v. CITY OF DETROIT, Robert Michalak, Arnold Wicker, Charles Toms, Lamar Nowell, and Ralph Unger, Jointly and Severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1986.

Attorney(s) appearing for the Case

Kevin A. McNulty (argued), Kurncz and McNulty, Detroit, Mich., for plaintiffs-appellants.

Laurie Ellias, Walter C. Pookrum, Brenda Braceful, Thomas Peterson (argued), Detroit, Mich., for defendants-appellees.

Before MERRITT and WELLFORD, Circuit Judges; and JOHNSTONE, Chief District Judge.

MERRITT, Circuit Judge.

This § 1983 substantive due process case arises from a Fourth Amendment violation in which the defendant, Nowell, a Detroit police officer, mistakenly initiated a search of plaintiff's house pursuant to a warrant authorizing the search of the house next door. The plaintiffs appeal summary judgment for the defendants entered by the District Court. Plaintiffs contend that the District Court's treatment...

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