O'Malley v. City of Flint, No. 09-2037 (6th Cir. 2011)
Annotate this CaseDefendant, a police officer, noticed a Tahoe that looked like a Michigan State Police vehicle and suspected that it was being used for impersonation of a law-enforcement officer. After state police advised that it was not theirs, defendant parked behind the vehicle, and approached plaintiff. Plaintiff stated that that he was a security guard, had a concealed-carry permit, and owned a handgun that was on the seat. Defendant handcuffed plaintiff. A check disclosed a warrant for plaintiff's arrest. Plaintiff was in custody for two hours before it was determined that the warrant was for another individual. The district court granted the city summary judgment on claims under 42 U.S.C. 1983, but held that defendant was not entitled to qualified immunity. The Sixth Circuit reversed. Plaintiff was not seized at the initial encounter or was subjected to a brief, reasonable "Terry" stop. A reasonable person would have felt free to continue walking after defendant's vehicle was parked behind the Tahoe; defendant neither displayed a weapon, nor touched plaintiff and did not use language or a tone of voice compelling compliance. The use of handcuffs and detention were justified because defendant was in a threatening situation. Failure to loosen the cuffs did not constitute excessive force.
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