Smith v. City of Wyoming, No. 15-3336 (6th Cir. 2016)
Annotate this CaseSmith and Johnston divorced; they had two daughters Tiffany, aged 9-11 and Jasmine, 13-15 years old. In March 2012, police entered, purportedly at the invitation of a guest, after child services reported that Smith was possibly intoxicated and unable to care for her children. Another time, Johnston called 9-1-1 after Tiffany told him, by telephone, that a man was in Smith’s house and was making her uncomfortable. Tiffany opened the door and stated that her mother and the unknown man were in an upstairs bedroom. Smith disputes the officers’ assertion that they were visibly drunk and did not comply with repeated requests to leave the bedroom. The officers arrested Smith for obstructing official business. The criminal charge was later dropped. At a later date, Tiffany called 9-1-1, saying that her mother had threatened to kill her; officers mediated the dispute and left. On another date, Johnston took his daughter to a police station, where he showed a bruise on her head. Tiffany reported that Smith had struck her several times. Smith denied hitting Tiffany, who changed her story. Smith, an attorney, proceeding in forma pauperis, brought suit under 42 U.S.C. 1983. The Sixth Circuit vacated with respect to claims of an unlawful entry in March 2012, and an unlawful arrest following Johnston’s 9-1-1 call, but otherwise affirmed dismissal.
The court issued a subsequent related opinion or order on May 18, 2016.
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