Legal Opinion

Hubbard v. Gross

Court of Appeals for the Sixth Circuit

Decided September 27, 2006No. 05-5088UnpublishedCited by 10 opinions

1Opinion of the Court

ROGERS, Circuit Judge.

In this § 1983 action there is no question that Hubbard was injured by the police, but he does not present evidence that warrants civil redress. After being arrest ed for driving under the influence, the officers broke Hubbard’s hand in a forceful takedown. That being said, the district court properly dismissed Hubbard’s various claims because he presented no evidence to meet the elements of those offenses. The municipal liability claim is barred as a matter of law because the jury found that Hubbard’s civil rights were not violated. The various wrongful use of process…

2Cases cited23 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Farmer v. BrennanSupreme Court of the United States · 1994
  3. Kentucky v. GrahamSupreme Court of the United States · 1985
  4. County of Sacramento v. LewisSupreme Court of the United States · 1998
  5. Rochin v. CaliforniaSupreme Court of the United States · 1952

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3Cited by10 opinions

  1. State v. TruckeyOhio Court of Appeals · 2019
  2. Croskey v. WheelerDistrict Court, N.D. Ohio · 2019
  3. Estelle v. SchmidtDistrict Court, W.D. Michigan · 2025
  4. Gonzalez-Hall v. Dearborn, City ofDistrict Court, E.D. Michigan · 2023
  5. Henry v. City of Flint, a municipal corporationDistrict Court, E.D. Michigan · 2019

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