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SIMASKO v. COUNTY OF ST. CLAIR

No. 04-2292.

417 F.3d 559 (2005)

Steven L. SIMASKO, Plaintiff-Appellee, v. COUNTY OF ST. CLAIR, a Municipal Corporation, Defendant, Peter R. George, individually and in his official capacity as St. Clair County Prosecutor; Mary Roy Kelly, jointly and severally, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 3, 2005.

Attorney(s) appearing for the Case

ARGUED: William L. Fealko, Fletcher Clark Tomlinson Fealko & Monaghan, P.C., Port Huron, Michigan, for Appellants. Kathleen L. Bogas, Eisenberg & Bogas, P.C., Bloomfield Hills, Michigan, for Appellee.

ON BRIEF: William L. Fealko, Gary A. Fletcher, Fletcher Clark Tomlinson Fealko & Monaghan, P.C., Port Huron, Michigan, for Appellants. Kathleen L. Bogas, Eisenberg & Bogas, P.C., Bloomfield Hills, Michigan, for Appellee.

Before: BOGGS, Chief Judge; RYAN and ROGERS, Circuit Judges.

ROGERS, Circuit Judge.

The defendants appeal the district court's denial of their motion for summary judgment based on a defense of qualified immunity in this 42 U.S.C. § 1983 action. Because the defendants' actions in this case did not violate the Constitution, the denial of summary judgment is reversed.

I. Background

The plaintiff, Steven Simasko, worked for eighteen years as an assistant prosecutor for St. Clair County, Michigan. During all...

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