King v. Ambs
Court of Appeals for the Sixth Circuit
1Opinion of the CourtRogers, J., joined by Cook, J.,
O’MALLEY, D.J. (pp. 615-26), delivered a separate dissenting opinion.
OPINION
ROGERS, Circuit Judge.
This is an appeal from summary judgment entered in favor of a police officer in a § 1983 action. Officer Kevin Ambs was questioning a third party, Nicholas Klein, when plaintiff Sean King told Klein not to speak to the officer. After King had twice told Klein not to talk to the officer, Officer Ambs threatened to arrest King if he said “one more word.” King told Klein a third time not to speak to the officer, at which point Officer Ambs arrested King. Relying on Houston v. Hill, 482 U.S. 451, 107…
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