Bennett v. Karkowski, No. 10-2455 (6th Cir. 2011)
Annotate this CasePlaintiff was arrested for resisting arrest and was held overnight. Charges were later dropped. Plaintiff's account of the incident is very different from the description given by police. The district court granted summary judgment for defendants on false arrest, false imprisonment and malicious prosecution claims and on all constitutional claims against the city. The court denied summary judgment on a claim for excessive force under federal law and claims for assault and battery and gross negligence under state law and denied summary judgment motion on a claim under Michigan's Freedom of Information Act.. The Sixth Circuit affirmed, holding that it lacked jurisdiction to consider defendants' arguments regarding qualified immunity, which were based on contested facts. With respect to a claim of governmental immunity, the district court properly decided that there were issues of material fact on whether defendants' actions were objectively reasonable.
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