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GRAWEY v. DRURY

Nos. 07-2584, 08-1064.

567 F.3d 302 (2009)

James GRAWEY, Dawn Wentworth, Plaintiffs-Appellees, v. T. DRURY, City of Clare Police Lieutenant, et al., Defendants, Brad Davis, Clare County Deputy in his individual capacity, Defendant-Appellant (07-2584), David Saad, City of Clare Police Officer, Defendant-Appellant (08-1064).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 28, 2009.

Attorney(s) appearing for the Case

ARGUED: Marcia L. Howe, Johnson, Rosati, Labarge, Aseltyne & Field, P.C., Farmington Hills, Michigan, Mary Massaron Ross, Plunkett Cooney, Detroit, Michigan, for Appellants. Dean Elliott, Dean Elliott, PLC, Royal Oak, Michigan, for Appellees. ON BRIEF: Marcia L. Howe, Johnson, Rosati, LaBarge, Aseltyne & Field, P.C., Farmington Hills, Michigan, Mary Massaron Ross, Plunkett Cooney, Detroit, Michigan, for Appellants. Dean Elliott, Dean Elliott, PLC, Royal Oak, Michigan, James B. Rasor, The Rasor Law Firm, PLLC, Royal Oak, Michigan, for Appellees.

Before: KETHLEDGE and WHITE, Circuit Judges; POLSTER, District Judge.

OPINION

DAN AARON POLSTER, District Judge.

Appellants David Saad and Brad Davis appeal the District Court's denial of their motions for summary judgment on qualified immunity grounds. The District Court denied summary judgment because there were triable issues of material fact. Viewing the facts in the light most favorable to the Appellees, Appellants used excessive force in violation of the Fourth Amendment when arresting Appellee. We therefore affirm....

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