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BUTLER v. CITY OF DETROIT, MICHIGAN

No. 18-1605.

936 F.3d 410 (2019)

Lerod BUTLER, Plaintiff-Appellee, v. CITY OF DETROIT, MICHIGAN, Defendant, Radames Benitez; David Meadows, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2019.

Attorney(s) appearing for the Case

ARGUED: Sheri L. Whyte , CITY OF DETROIT LAW DEPARTMENT, Detroit, Michigan, for Appellants. David A. Robinson , ROBINSON & ASSOCIATES, PC, Southfield, Michigan, for Appellee. ON BRIEF: Sheri L. Whyte , CITY OF DETROIT LAW DEPARTMENT, Detroit, Michigan, for Appellants. David A. Robinson , ROBINSON & ASSOCIATES, PC, Southfield, Michigan, Thomas E. Kuhn , THOMAS E. KUHN, P.C., Detroit, Michigan, for Appellee.

LARSEN, J., delivered the opinion of the court in which READLER, J., joined, and MERRITT, J., joined in part. MERRITT, J. (pp. 425-29), delivered a separate opinion concurring in part and dissenting in part.

OPINION

LeRod Butler's home was the subject of an allegedly misguided search as part of a drug investigation in which Butler was not charged with any crimes. Butler sued the City of Detroit and two police officers under 42 U.S.C. § 1983 for claims arising from the search. The district court denied qualified...

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