Legal Opinion

Charles Kostrzewa v. City of Troy

Court of Appeals for the Sixth Circuit

Decided April 23, 2001No. 00-1037PublishedCited by 243 opinions

1Opinion of the Court

OPINION

MOORE, Circuit Judge.

Plaintiff-Appellant Charles Kostrzewa (“Kostrzewa” or “plaintiff’) appeals the district court’s decision dismissing 1) his excessive force claims against the City of Troy, Michigan and two of its police officers, brought pursuant to 42 U.S.C. § 1983, 2) his state law claim of gross negligence against the same two officers, and 3) his state law malicious prosecution claim against a third officer who, when plaintiff demanded medical attention following an allegedly overly tight application of handcuffs, charged him with obstructing a police officer.

We REVERSE the…

2Cases cited14 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. City of Canton v. HarrisSupreme Court of the United States · 1989
  5. Barbara Walton, Individually and as Next Friend of Courtney Walton and Kamara Walton v. City of Southfield, Keith Birberick, Robert CastlemanCourt of Appeals for the Sixth Circuit · 1993

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3Cited by243 opinions

  1. Barbara Payne v. Michael PauleyCourt of Appeals for the Seventh Circuit · 2003
  2. Commercial Money Center, Inc. v. Illinois Union InsuranceCourt of Appeals for the Sixth Circuit · 2007
  3. Hensley Manufacturing, Inc. v. Propride, Inc.Court of Appeals for the Sixth Circuit · 2009
  4. Moon v. Harrison Piping SupplyCourt of Appeals for the Sixth Circuit · 2006
  5. Ricardo Diaz v. Michigan Dep't of CorrectionsCourt of Appeals for the Sixth Circuit · 2013

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