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Brooks v. Rothe, No. 08-1099

In a 42 U.S.C. section 1983 action alleging a wrongful arrest, dismissal of plaintiff's claims on qualified immunity grounds is affirmed where the exigent circumstances exception to the warrant requirement applied because there was a danger that evidence would be imminently destroyed.

Read Brooks v. Rothe, No. 08-1099

Appellate Information

Argued: June 17, 2009

Decided and Filed: August 21, 2009


Opinion by Judge Gilman

Dissent by Judge Moore


For Appellant:

Jason J. Liss, Fabian, Sklar & King, P.C., Farmington Hills, MI

For Appellees:

Megan K. Cavanagh, Garan Lucow Miller, P.C., Detroit, MI