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KING v. AMBS

No. 06-2054.

519 F.3d 607 (2008)

Sean KING, Plaintiff-Appellant, v. Kevin AMBS, Columbia Township Police Officer, in his individual capacity, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 21, 2008.

Attorney(s) appearing for the Case

ARGUED: Mark Granzotto, Law Office, Royal Oak, Michigan, for Appellant. G. Gus Morris, Kupelian, Ormond & Magy, Southfield, Michigan, for Appellee. ON BRIEF: Mark Granzotto, Law Office, Royal Oak, Michigan, Thomas L. Kent, Green, Green, Adams & Kent, Ann Arbor, Michigan, for Appellant. G. Gus Morris, D. Randall Gilmer, Kupelian, Ormond & Magy, Southfield, Michigan, for Appellee.

Before: ROGERS and COOK, Circuit Judges; O'MALLEY, District Judge.

ROGERS, J., delivered the opinion of the court, in which COOK, J., joined. O'MALLEY, D.J. (pp. 615-26), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

This is an appeal from summary judgment entered in favor of a police officer in a § 1983 action. Officer Kevin Ambs was questioning a third party, Nicholas Klein, when plaintiff Sean King told Klein not to speak to the officer. After King had twice told Klein not to talk...

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