Stacie Ben Hunt v. Lt. Malcolm Thompson Mary S. Rowan, 963 F.2d 373 (6th Cir. 1992). · Go Syfert
Stacie Ben Hunt v. Lt. Malcolm Thompson Mary S. Rowan, 963 F.2d 373 (6th Cir. 1992). Cases Citing This Book View Copy Cite
49 citation events (14 in the last 25 years) across 10 distinct courts.
Strongest positive: Knight v. Bankers Life & Casualty Co. (mied, 1998-12-11)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited "see" Knight v. Bankers Life & Casualty Co.
E.D. Mich. · 1998 · signal: see · confidence high
See Criss, 963 F.2d 373 , 1992 WL 113370, *4 , 1992 U.S.App.
discussed Cited "see, e.g." Zinn v. UNUM Life Insurance Co. of America
E.D. Mich. · 1997 · signal: see also · confidence low
See also, Criss v. The Hartford Accident and Indemnity Co., 1991 WL 640066 , affirmed, 963 F.2d 373 (1992). 9 This includes not only the evidence before the administrator at the time the original *1154 decision to deny benefits was made, but also consideration of what occurred during the administrative appeals process.
Retrieving the full opinion text from the archive…
Stacie Ben Hunt
v.
Lt. Malcolm Thompson Mary S. Rowan
91-2089.
Court of Appeals for the Sixth Circuit.
May 18, 1992.
963 F.2d 373
Unpublished

963 F.2d 373

NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Stacie Ben HUNT, Plaintiff-Appellant,
v.
Lt. Malcolm THOMPSON; Mary S. Rowan, Defendants-Appellees.

No. 91-2089.

United States Court of Appeals, Sixth Circuit.

May 18, 1992.

1

Before DAVID A. NELSON and SILER, Circuit Judges, and SPIEGEL, District Judge.[*]

ORDER

2

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs of the parties, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

3

Hunt's 42 U.S.C. § 1983 civil rights complaint was filed against Thompson, a Wayne County Deputy Sheriff, and Rowan, an Assistant Corporation Counsel for Wayne County. Hunt alleged that Rowan gave false information which misled the court and resulted in the dismissal of his previous civil rights action. He also alleged that Rowan's affidavit attached to the motion for summary judgment stated that Thompson arrested him in 1983 when Rowan knew plaintiff's first contact with Thompson wasn't until 1984 and that the matter plaintiff was complaining about occurred in 1985. The magistrate judge filed a report and recommendation recommending that summary judgment be granted to the defendants. The plaintiff filed objections. The district court after de novo review of the record and consideration of the objections granted summary judgment for the defendants and dismissed the action. Plaintiff appealed.

4

On appeal, plaintiff argues that the defendants submitted fraudulent information which resulted in his previous civil rights action being dismissed, and that Rowan is not entitled to absolute immunity because she was not acting in a prosecutorial capacity.

5

The court's review of a grant of summary judgment is de novo. See EEOC v. University of Detroit, 904 F.2d 331, 334 (6th Cir.1990); Buckner v. City of Highland Park, 901 F.2d 491, 494 (6th Cir.), cert. denied, 111 S.Ct. 137 (1990). Under Fed.R.Civ.P. 56(c), summary judgment is proper "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Canderm Pharmacal, Ltd. v. Elder Pharmaceuticals, Inc., 862 F.2d 597, 602 (6th Cir.1988).

6

The magistrate judge correctly addressed the issues raised by the plaintiff. The magistrate judge determined that the complaint alleged that Rowan misstated the search and arrest dates in her affidavit but no allegations were made against Thompson. Also, contrary to plaintiff's assertions, the affidavit and motion submitted by Rowan in the previous civil rights action did not state that Thompson arrested the plaintiff in 1983. The conclusory allegations that Thompson disseminated false information and that there was a conspiracy between the defendants to violate plaintiff's constitutional rights failed to state a claim. See Morgan v. Church's Fried Chicken, 829 F.2d 10, 12 (6th Cir.1987); Gutierrez v. Lynch, 826 F.2d 1534, 1538-39 (6th Cir.1987).

7

Accordingly, for the reasons stated in the magistrate judge's report and recommendation as adopted by the district court in its August 22, 1991, order and the reason stated in this order, it is ORDERED that the judgment of the district court be, and it hereby is, affirmed. Rule 9(b)(3), Rules of the Sixth Circuit.

*

The Honorable S. Arthur Spiegel, U.S. District Judge for the Southern District of Ohio, sitting by designation