Sixth Circuit Affirms SMB&P Win for Police

The United States Court of Appeals for the Sixth Circuit recently affirmed a judgment in favor of local police officers obtained by SMB&P’s Government Entities team in the U.S. District Court for the Southern District of Ohio. After local church replaced its minister, the elders feared controversy at the next Sunday service. They hired officers of a local police department to provide an off-duty security detail to be present at the service. The elders’ fears came to pass when the ousted preacher showed up at the service and addressed the congregation. The erstwhile minister sued the elders, but also included claims against the detail officers and the Chief of Police for civil rights violations under 42 U.S.C. § 1983 based on alleged unreasonable seizure and infringement of the free the free exercise of religion and for civil conspiracy under § 1983 and state law. SMB&P Partner Katie Barbiere obtained summary judgment in favor of the police defendants and the former pastor filed an appeal. In a published opinion, the Sixth Circuit affirmed the district court’s finding that the officers did not unreasonably seize the minister and did not interfere with his free exercise of religion. The Sixth Circuit also ruled the officers were entitled to qualified immunity on the preacher’s civil rights claims. As there was no underlying constitutional violation, the court also affirmed the district court’s dismissal of the conspiracy claims. Ms. Barbiere argued the case before the Sixth Circuit and SMB&P attorney Jay Patton assisted with the appellate briefing. The Sixth Circuit’s Opinion is viewable here.