DENNIS BRIGHT V LT LITTLEFIELD

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STATE OF MICHIGAN COURT OF APPEALS DENNIS BRIGHT, UNPUBLISHED April 10, 2001 Plaintiff-Appellant, v LT. LITTLEFIELD, SERGEANT MEYERS, OFFICER JOHN DOE #1, OFFICER JOHN DOE #2, JOHN DOE, a/k/a ERIC, and CHESTER WATERHOUSE, No. 219182 Wayne Circuit Court LC No. 97-719390-NO Defendants, and DOROTHY AILSHIE, A-ABLE BAIL BONDS and TIM MOORE, Defendants-Appellees. Before: K. F. Kelly, P.J., and Smolenski and Meter, JJ. PER CURIAM. Plaintiff appeals as of right from a circuit court order granting summary disposition in favor of defendants Dorothy Ailshie, A-Able Bail Bonds, and Tim Moore. We affirm. Plaintiff’s brother Vincent Bright was arrested by Missouri police on a drug charge. Vincent identified himself as plaintiff Dennis Bright, using plaintiff’s address, date of birth and social security number. Vincent entered into a bond agreement with defendant, A-Able Bail Bonds, which was issued in plaintiff’s name and which Vincent signed using plaintiff’s name. When Vincent subsequently absconded on the bond, an arrest warrant was issued in plaintiff’s name, again using plaintiff’s address, date of birth and social security number. Defendant Tim Moore apprehended plaintiff in Detroit and returned him to the Missouri court, where he was later released and the arrest warrant was amended to name Vincent. Plaintiff brought this action alleging assault and battery, false imprisonment, intentional infliction of emotional distress and negligence. The trial court granted summary disposition to defendants, finding that the facially valid Missouri warrant provided the authority to arrest plaintiff. We agree. -1- Given probable cause, a private citizen may make an arrest for a felony committed in the private person’s presence or otherwise. MCL 764.16; MSA 28.875; People v Bashans, 80 Mich App 702, 713; 265 NW2d 170 (1978). A warrant provides probable cause for arrest, and an arrest on a warrant that is “good on its face” is not a basis for a claim of false imprisonment. Gooch v Wachowiak, 352 Mich 347, 351-354; 89 NW2d 496 (1958). A facially valid arrest warrant itself provides the authority needed to execute it. People v Rowe, 95 Mich App 204, 208-209; 289 NW2d 915 (1980). The Missouri warrant here was facially valid, and defendant Moore apprehended the person named in the warrant. Although the warrant was erroneous, the erroneous identification was not caused by defendants. The trial court did not err by granting summary disposition in this matter. Affirmed. /s/ Kirsten Frank Kelly /s/ Michael R. Smolenski /s/ Patrick M. Meter -2-

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