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Published: April 02, 2020

Someone attempted to shoplift from a Bed Bath & Beyond. A City of Novi officer responded and quickly located a man matching the description of shoplifter. Plaintiff was arrested and tried based on the positive identification by some of the witnesses, plus some other unique factors. Following his acquittal, Plaintiff sued and alleged that the arrest and prosecution violated the Fourth Amendment because the officer manufactured evidence to establish probable cause. The federal district court ruled that the officer was entitled to qualified immunity for the arrest but not for the prosecution. On appeal, the Sixth Circuit Court of Appeals disagreed and ruled that the officer was entitled to qualified immunity because, even considering the alleged falsehoods and omissions in the police report, there was still probable cause to prosecute the Plaintiff. The City of Novi police officer was represented by McGraw Morris P.C. attorneys G. Gus Morris and Christopher J. Raiti.

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