Marcilis v. Township of Redford, No. 11-1073 (6th Cir. 2012)
Annotate this CaseDEA agents and police conducted narcotics raids at two homes occupied by members of the Marcilis family. The occupants filed a civil rights action under 42 U.S.C. 1983 alleging that: the agents and officers engaged in excessive force, illegal search and seizure, false arrest, malicious prosecution, and retaliation in violation of the First Amendment; the township failed to train and supervise its police officers; and the agents and officers violated the “knock and announce” rule. After dismissing all claims against the federal agents, the district court granted the police officers’ motion for summary judgment on all claims except the alleged violation of the “knock and announce” rule. The Sixth Circuit affirmed. The plaintiffs failed to allege, with particularity, facts that demonstrate what each federal agent did to violate the asserted constitutional right. The officers were entitled to qualified immunity; a reasonable officer would not have known that the force used here would be considered excessive.
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