Legal Opinion
Robert Fitzke and Joy Fitzke v. Barry Shappell, Deputy Sheriff, and Elwin Smith, Sheriff, of Eaton County, Michigan, Jointly and Severally
Court of Appeals for the Sixth Circuit
Decided October 3, 1972No. 72-1154PublishedCited by 194 opinions
1Opinion of the Court
WILLIAM E. MILLER, Circuit Judge.
This is an appeal from the dismissal of appellants’ civil rights action brought’ pursuant to 42 U.S.C. § 1983. 1 The complaint and amended complaint set forth three counts. In addition to the first count, which purports to state a cause of action under § 1983, the complaint in counts 2 and 3 states claims for false imprisonment and negligence. We do not consider the sufficiency of the state claims.
The complaint, as amended, alleged that Fitzke had been arrested “without just cause or provocation” by the defendant Shappell after he blacked out and struck a…
2Cases cited14 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Monroe v. PapeSupreme Court of the United States · 1961
- William Whirl v. C. v. (Buster) Kern and Fidelity and Deposit Company of MarylandCourt of Appeals for the Fifth Circuit · 1969
- Robert Leon Jenkins, a Minor, by His Mother and Next Friend, Roberta B. Jenkins v. F. W. AverettCourt of Appeals for the Fourth Circuit · 1970
9 more not listed; retrieve them via the Exa API.
3Cited by194 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Johnson v. GlickCourt of Appeals for the Second Circuit · 1973
- Edward E. Westlake v. William Lucas, Sheriff of Wayne CountyCourt of Appeals for the Sixth Circuit · 1976
- Phillips v. Roane County, Tenn.Court of Appeals for the Sixth Circuit · 2008
- William Butler Smith v. Leman HudsonCourt of Appeals for the Sixth Circuit · 1979
189 more not listed; retrieve them via the Exa API.