Legal Opinion
Kremhelmer v. Powers
District Court, E.D. Michigan
Decided April 22, 1986No. 85-71191-DTPublishedCited by 3 opinions
1Opinion of the Court
AMENDED OPINION AND ORDER GRANTING PLAINTIFF’S AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT *
COHN, District Judge.
This is a police misconduct case. 42 U.S.C. § 1983. The complaint alleges a constitutionally impermissible search by defendant, a state police officer, of an automobile owned by plaintiff Kremhelmer. Before the Court are cross motions for summary judgment on liability. For the reasons that follow, plaintiff's motion is GRANTED and defendant’s motion is DENIED.
I
The undisputed facts are that defendant, on August 4, 1983, while patrolling on I-696 in Macomb County, observed an…
2Cases cited36 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Conley v. GibsonSupreme Court of the United States · 1957
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Illinois v. GatesSupreme Court of the United States · 1983
- Mitchell v. ForsythSupreme Court of the United States · 1985
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3Cited by3 opinions
- United States v. Certain Real Property Located at 2323 Charms RoadDistrict Court, E.D. Michigan · 1989
- Official Committee of Asbestos of G-I Holdings Inc. v. Building Materials Corp. (In Re G-I Holdings, Inc.)United States Bankruptcy Court, D. New Jersey · 2006
- Parker v. StrongDistrict Court, W.D. Oklahoma · 1989