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Drunken man arrested on his own lawn cannot sue police

Jiya Gupta was arrested on his front lawn in Ingham County because a neighbor had reported an unidentified drunk walking through the neighborhood.  Responding officers found Gupta on the sidewalk and attempted to interview him.  Instead of cooperating, he ran accross the street to his yard. The officers tackled him, handcuffed him, refused to release him to his wife's custody, and charged him with disturbing the peace.  The local prosecutor dismissed that charge and instead issued a warrant for "obstructing or opposing law enforcement officers." 

The District Court judge dismissed the charge and Gupta sued the officers, arguing that they violated his civil rights by the assault and battery inflicted on him.  In a series of conclusory statements, the Court ruled that the officers were within their rights to stop, interrogate and eventually arrest the drunken man, and that they were not guilty of intentional misconduct or gross negligence.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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