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BROOKS v. ROTHE

Nos. 08-1099, 08-1195.

577 F.3d 701 (2009)

Brenda BROOKS, Plaintiff-Appellant/Cross-Appellee, v. David ROTHE et al., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 21, 2009.

Attorney(s) appearing for the Case

ARGUED: Jason J. Liss, Fabian, Sklar & King, P.C., Farmington Hills, Michigan, for Appellant. Megan K. Cavanagh, Garan Lucow Miller, P.C., Detroit, Michigan, Marcia L. Howe, Johnson, Rosati, LaBarge, Aseltyne & Field, P.C., Farmington Hills, Michigan, for Appellees. ON BRIEF: Jason J. Liss, Fabian, Sklar & King, P.C., Farmington Hills, Michigan, for Appellant. Megan K. Cavanagh, Roger A. Smith, Garan Lucow Miller, P.C., Detroit, Michigan, Marcia L. Howe, Johnson, Rosati, LaBarge, Aseltyne & Field, P.C., Farmington Hills, Michigan, for Appellees.

GILMAN, J., delivered the opinion of the court, in which PHILLIPS, D. J., joined. MOORE, J. (pp. 710-13), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Brenda Brooks, an employee of a domestic violence shelter, called 911 when one of the shelter's residents showed symptoms of a drug overdose. But, adhering literally to the shelter's policy of not admitting law enforcement personnel without a search warrant, Brooks repeatedly refused to admit or give any information to the police officer who responded to the call. After giving several warnings to Brooks that he needed...

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