Sixth Circuit Denies Officers’ Immunity in Wrongful Arrest Suit

Police officers in Michigan who arrested a victim instead of an abuser in a domestic violence dispute aren’t entitled to qualified immunity from a suit alleging unlawful arrest and excessive force, the Sixth Circuit ruled Thursday.

The right to be free from an arrest based solely on an unreliable eyewitness account has been clearly established, Judge Eric L. Clay said for the U.S. Court of Appeals for the Sixth Circuit. It partly reversed a U.S. District Court for the Eastern District of Michigan order to the contrary.

The court rejected the argument made by officers Jordan Dotter and Gene Derwick ...