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42 USC 1983, Conspiracy and First Amendment Claims Against Municipalities And Police Officers

Municipal / November 12, 2010

Court/Case No: U.S. District Court for the Eastern District of Michigan/01-CV-74698; U.S. Court of Appeals for the 6th Circuit/09-2196

Tried/Argued Before: Judge

Demand: last demand $10,000,000.00

Verdict: Summary judgment granted for Defendants on 8/26/2009. Affirmed on appeal by 6th Circuit Court of Appeals on 11-12-2010

Name of Judge(s): Hon. Avern Cohn

Keys to the Case:

Plaintiffs are the proprietors of adult entertainment venues in several municipalities. They alleged that various municipalities and certain of their police officers conspired to put them out of business and violated their First and Fourth Amendment rights. Pendent state claims of larceny and conversion were also alleged.

Meticulous factual development and analysis were key to successfully demonstrating the absence of factual support for Plaintiffs’ broad-ranging and vague claims of conspiracy and constitutional violations, in order to secure summary judgment of all claims, and affirmance of summary judgment by the Sixth Circuit Court of Appeals.

Careful dissection of Plaintiffs’ scatter-shot presentation also allowed appellate counsel to successfully demonstrate that Plaintiff waived various claims on appeal by failing to adequately develop them.

Defense SW attorney(s) Involved in Case:


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