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ROMO v. LARGEN

No. 12-1870.

723 F.3d 670 (2013)

Candido ROMO, Plaintiff-Appellee, v. Jeff LARGEN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 23, 2013.

Attorney(s) appearing for the Case

ARGUED: Mary Massaron Ross , Plunkett Cooney, Detroit, Michigan, for Appellant. William F. Piper , William F. Piper, PLC, Portage, Michigan, for Appellee. ON BRIEF: Mary Massaron Ross , Plunkett Cooney, Detroit, Michigan, for Appellant. William F. Piper , William F. Piper, PLC, Portage, Michigan, for Appellee.

ROGERS, J., delivered the opinion of the court in which, GILMAN, J., joined and SUTTON, J., joined in part. SUTTON, J. (pp. 11-26), delivered a separate opinion concurring in part and in the judgment.

OPINION

ROGERS, Circuit Judge.

Plaintiff Candido Romo was sitting in the driver's seat of a parked car, intoxicated, when he was approached by defendant Officer Jeff Largen. Largen arrested Romo for operating a vehicle while intoxicated, assertedly based on Largen's observation of Romo's having driven the car minutes earlier. Romo contends that he had not been driving. Romo filed a § 1983 suit claiming that Largen violated his constitutional rights...

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