Legal Opinion
Hayes v. Hall
District Court, W.D. Michigan
Decided March 15, 1985No. G84-79 CA5PublishedCited by 2 opinions
1Opinion of the Court
OPINION RE MOTION TO DISMISS
HILLMAN, District Judge.
Defendants Susan Marshall and Pamela McCabe have filed a motion to dismiss for failure to state a claim, pursuant to Fed.R. Civ.P. 12(b)(6), and the matter is now before the court on that motion. They argue that plaintiff’s suit against them is barred by absolute prosecutorial immunity. Plaintiff disputes’ their entitlement to such immunity.
In 1982, plaintiff Daniel Lee Hayes (“Hayes”) was charged in the 55th District Court in Ingham County, Michigan, with assault and battery, a misdemeanor. The complaining witness was defendant Charles…
2Cases cited19 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Imbler v. PachtmanSupreme Court of the United States · 1976
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- William Butler Smith v. Leman HudsonCourt of Appeals for the Sixth Circuit · 1979
- Ross v. Consumers Power Co.Michigan Supreme Court · 1985
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3Cited by2 opinions
- Shirley Marrical v. The Detroit News, Inc., Robert SageCourt of Appeals for the Sixth Circuit · 1986
- Shirley Marrical v. The Detroit News, Inc., Robert SageCourt of Appeals for the Sixth Circuit · 1986