McBRIDE v. VILLAGE OF MICHIANA

No. 95-1881.

100 F.3d 457 (1996)

Noreen McBRIDE, Plaintiff-Appellee, v. VILLAGE OF MICHIANA, Defendant, Elizabeth O'Donnell, individually and as Clerk of the Village of Michiana and as former Assistant Clerk of the Village of Michiana and as former President of the Village of Michiana and as former member and as former President Pro-Tem of the Village Council of the Village of Michiana; Kathleen Roberts, individually and as former President of the Village of Michiana and as a member and former President Pro-Tem of the Village Council of the Village of Michiana; Kenneth Books, individually and as a Police Officer of the Village of Michiana; Marianne Gosswiller, individually and as former Chairperson of the Zoning, Planning and Environmental Commission of the Village of Michiana; Mary Ann Johnson, individually and as former member of the Village Council of the Village of Michiana and as former member of the Zoning, Planning and Environmental Commission of the Village of Michiana; Gertrude Peterson, individually and as former Clerk of the Village of Michiana; Richard Gosswiller, individually and as former President of the Village of Michiana and as former member of the Village Council of the Village of Michiana; Harvey Kemp, individually and as a former member of the Zoning, Planning and Environmental Commission of the Village of Michiana and as former acting Temporary Building Inspector of the Village of Michiana, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 14, 1996.


Attorney(s) appearing for the Case

Tat Parish, Steven L. Wolfram (argued and briefed), Watervliet, MI, for Plaintiff-Appellee.

Mary Massaron Ross (argued and briefed), Plunkett & Cooney, Detroit, MI, for Defendants-Appellants.

Before: DAUGHTREY and MOORE, Circuit Judges; FORESTER, District Judge.


DAUGHTREY, Circuit Judge.

Present and former officials of the Village of Michiana appeal from the district court's denial of their requests for qualified immunity in an action premised upon 42 U.S.C. § 1983. In the underlying proceeding, Noreen McBride, a reporter for various newspapers and other media outlets, claimed that the defendants infringed upon her clearly established constitutional right to be free from retaliation for exercising her First Amendment...

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