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ARMSTRONG v. CITY OF MELVINDALE

No. 04-2192.

432 F.3d 695 (2006)

Carl Robert ARMSTRONG; Donna M. Bradley; Renae Armstrong; Lori Armstrong; Brandy Armstrong; Carl R. Armstrong, Jr.; Jean K. Armstrong, Plaintiffs-Appellees, v. CITY OF MELVINDALE, et al., Defendants, David Fobar; Brad Gratz, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 6, 2006.

Attorney(s) appearing for the Case

ARGUED: Marcia L. Howe, Johnson, Rosati, LaBarge, Aseltyne & Field, Farmington Hills, Michigan, for Appellants. Cynthia Heenan, Constitutional Litigation Associates, Detroit, Michigan, for Appellees. ON BRIEF: Marcia L. Howe, Johnson, Rosati, LaBarge, Aseltyne & Field, Farmington Hills, Michigan, for Appellants. Cynthia Heenan, Constitutional Litigation Associates, Detroit, Michigan, for Appellees.

Before: GILMAN and COOK, Circuit Judges; MILLS, District Judge.

OPINION

COOK, Circuit Judge.

Defendants-Appellants, Southgate Police Officers David Fobar and Brad Gratz, appeal the district court's order denying their motion for summary judgment with respect to: (1) Plaintiffs-Appellees' claim of a Fourth Amendment violation, brought under 42 U.S.C. § 1983, arising out of Defendants' execution of a search warrant on the premises of Plaintiffs' business, and (2) their defense of qualified immunity. Because we find...

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