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MILLER v. SANILAC COUNTY

No. 09-1340.

606 F.3d 240 (2010)

Alan MILLER, Plaintiff-Appellant, v. SANILAC COUNTY and Jim Wagester, in his individual and official capacity, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 4, 2010.

Attorney(s) appearing for the Case

ARGUED: Shawn C. Cabot, Christopher Trainor and Associates, White Lake, Michigan, for Appellant. Megan K. Cavanagh, Garan Lucow Miller, P.C., Detroit, Michigan, for Appellees. ON BRIEF: Christopher J. Trainor, Christopher Trainor and Associates, White Lake, Michigan, for Appellant. Rosalind Rochkind, John J. Gillooly, Garan Lucow Miller, P.C., Detroit, Michigan, for Appellees.

MERRITT, J., delivered the opinion of the court, in which COLE, J., joined. COOK, J. (pp. 255-58), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MERRITT, Circuit Judge.

In this lawsuit brought under 42 U.S.C. § 1983, plaintiff, Paul Miller, is claiming multiple constitutional violations against him during a traffic stop and arrest by Deputy Sheriff Jim Wagester and Sanilac County, Michigan. Miller received several traffic code violations and civil infractions, including drunk driving, all of which were later dismissed when Miller's blood-alcohol...

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