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CACEVIC v. CITY OF HAZEL PARK

No. 99-1030

226 F.3d 483 (2000)

George CACEVIC, an individual; Deda Cacevic, an individual; Checkers Bar & Grill, Inc., d/b/a Derby's Bar, a Michigan corporation, Plaintiffs-Appellants, v. CITY OF HAZEL PARK, a Municipal corporation; Hazel Park Police Department; Albert Sadow, individually and in his official capacity as Chief of Police of the City of Hazel Park; John Doe Police Officers for the City of Hazel Park, individually and in their official capacities as Police Officers for the City of Hazel Park, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 1, 2000

Attorney(s) appearing for the Case

Hugh M. Davis, Jr. (argued), Constitutional Litigation Associates, Detroit, Michigan, Theodore S. Andris (briefed), Glenn H. Oliver (briefed), Southfield, Michigan, for Appellants.

Timothy Mulligan (argued), Julie McCann O'Connor (briefed), O'Connor, DeGrazia & Tamm, Bloomfield Hills, Michigan, for Appellees.

Before: KEITH, COLE, and GILMAN, Circuit Judges.

GILMAN, Circuit Judge.

The owners of a bar brought suit under 42 U.S.C. § 1983, alleging that frequent "bar checks" by the local police constituted harassment that deprived the owners of their constitutional rights under the First, Fourth, and Fourteenth Amendments. In replying to the defendants' motion for summary judgment, the owners filed a non-substantive response that requested the district court to deny the motion for reasons that they asserted would be...

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