Katherine Gardenhire and Walter Gardenhire v. Donald Schubert, in His Individual and Official Capacity as Chief of Police

MARBLEY, D.J., delivered the opinion of the court, in which COLE, J., joined. BATCHELDER, J. (pp. 321-23), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MARBLEY, District Judge.

Plaintiffs-Appellees Katherine and Walter Gardenhire brought this suit against the Defendant-Appellant, Algood Police Chief Donald Schubert, alleging that Chief Schubert violated their civil rights, in violation of 42 U.S.C. § 1983, by arresting them without probable cause and refusing to arrest and to prosecute their neighbor for burglarizing their retail business. Chief Schubert filed…