Lavigne v. Forshee

Plaintiffs, Diane Lavigne and Kimberly Lavigne, mother and daughter respectively, 1 appeal by right the trial court’s order granting defendants’ motion for summary disposition under MCR 2.116(0(10) with respect to plaintiffs’ action under 42 USC 1983, asserting that defendants violated plaintiffs’ Fourth Amendment right to be free from unreasonable searches and seizures. 2 We reverse and remand for further proceedings.

I

A. SUMMARY OF FACTUAL AND LEGAL CLAIMS

Plaintiffs allege in their 42 USC 1983 claim that Detective Kristi Forshee and Deputy Eric Leonard violated their Fourth Amendment rights…