Cady v. Arenac County, No. 08-1795

In a 42 U.S.C. section 1983 action claiming that the state, as a condition for dismissing the criminal assault and battery charges pending against plaintiff, wrongfully required plaintiff to agree to temporarily refrain from filing a civil lawsuit against the parties with whom he had a physical altercation, summary judgment for defendants is affirmed where a prosecutor's allegedly improper motive alone is not enough to defeat absolute immunity, so long as the general nature of his actions falls within the scope of his duties as an advocate for the state.

Read Cady v. Arenac County, No. 08-1795

Appellate Information

Argued: March 13, 2009

Decided and Filed: July 30, 2009

Judges

Opinion by Judge Gilman

Concurrence by Judge Martin

Counsel

For Appellant:

Russell C. Babcock, The Mastromarco Firm, Saginaw, MI

For Appellees:

Jason David Kolkema, Johnson, Rosati, LaBarge, Aseltyne & Field, P.G., Lansing, MI