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AKIMA v. PECA

No. 22-2058.

85 F.4th 416 (2023)

Ryohei AKIMA, Plaintiff-Appellee, v. Caitlyn M. PECA, individually and in her official capacity as a Public Safety Officer, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 26, 2023.

Attorney(s) appearing for the Case

ON BRIEF: Kali May Lester Henderson , T. Joseph Seward , SEWARD HENDERSON PLLC, Royal Oak, Michigan, for Appellant. Christopher P. Desmond , JOHNSON LAW, PLC, Detroit, Michigan, for Appellee.

Before: MOORE, GIBBONS, and STRANCH, Circuit Judges.

OPINION

In early 2020, Ryohei Akima was arrested for operating a vehicle while intoxicated based on his performance on a three-part field sobriety exam and a preliminary breathalyzer test. Arresting Officer Caitlyn Peca determined that he failed the assessments across the board, but that proved to be incorrect...

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