Legal Opinion

Franklin v. Miami University

Court of Appeals for the Sixth Circuit

Decided January 8, 2007No. 05-4445UnpublishedCited by 2 opinions

1Opinion of the Court

SUTTON, Circuit Judge.

A Franklin filed a § 1983 claim against Officer Donald Fox and two other officers, claiming that they lacked probable cause under Ohio law to arrest him for criminal menacing. The district court denied the officers’ claims of qualified immunity. Because the officers had probable cause as a matter of law to arrest Franklin, we reverse.

I

On February 28, 2002, A Franklin, a building services worker at Miami University, was cleaning restrooms in Harris Dining Hall. Because Franklin preferred that “other employees not use the restroom while [he] was cleaning it,” he “posted a…

2Cases cited4 opinions

  1. Beck v. OhioSupreme Court of the United States · 1964
  2. Wayne Thomas Ahlers and Nina Ahlers v. Ronald J. SchebilCourt of Appeals for the Sixth Circuit · 1999
  3. Cheryl D. Lyons v. City of Xenia, Christine Keith, Officer Matthew Foubert, OfficerCourt of Appeals for the Sixth Circuit · 2005
  4. State v. DenisOhio Court of Appeals · 1996

3Cited by2 opinions

  1. Perkins v. BaileyDistrict Court, W.D. Michigan · 2021
  2. Robert Sutherby v. James Sukach, Individual Capacity and Official Capacity as Chief of Police for Big Sandy Police Department, Michael Strader, Individual Capacity, and John Bryant Allen, Individual CapacityDistrict Court, W.D. Tennessee · 2025

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