Charlie Moore v. Lieutenant Joseph Zarra

Sixth Circuit

Charlie Moore v. Lieutenant Joseph Zarra

700 F.2d 329

CourtCourt of Appeals for the Sixth Circuit

DecidedFebruary 21, 1983

Docket82-1068

StatusPublished

Cited by1 cases

This text of 700 F.2d 329 (Charlie Moore v. Lieutenant Joseph Zarra) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Charlie Moore v. Lieutenant Joseph Zarra, 700 F.2d 329 (6th Cir. 1983).

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Opinion

PER CURIAM.

Plaintiff Moore filed suit against named officers of the Detroit Police Department and the City of Detroit claiming deprivation of his civil rights by the fact that, after his arrest on a traffic violation and after he posted a $50.00 bond, the Department continued to hold him in accordance with a regulation requiring a report from the Central Fingerprint Bureau verifying that no warrants were outstanding against him, since he was unable to comply with the officers’ request for adequate identification. Moore remained incarcerated for some 10 hours.

This case was tried before Judge Joiner prior to the decision in Monell v. Depart ment of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), and a stipulation was entered in this case between the parties dismissing the City and the Police Department. Basing his holding on the good faith of the officers in relying on Department regulations, Judge Joiner subsequently dismissed the case against the police officers concerned, citing Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974).

The cause of action against the City of Detroit was, as noted above, dismissed before Monell had been decided by the Supreme Court and is not as a consequence at issue in this appeal in any way.

We affirm the memorandum opinion and order of Judge Joiner in dismissing the case against the police officers on the basis of their good faith reliance upon the Department’s regulations.

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PER CURIAM.

Plaintiff Moore filed suit against named officers of the Detroit Police Department and the City of Detroit claiming deprivation of his civil rights by the fact that, after his arrest on a traffic violation and after he posted a $50.00 bond, the Department continued to hold him in accordance with a regulation requiring a report from the Central Fingerprint Bureau verifying that no warrants were outstanding against him, since he was unable to comply with the officers’ request for adequate identification. Moore remained incarcerated for some 10 hours.

This case was tried before Judge Joiner prior to the decision in Monell v. Depart ment of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), and a stipulation was entered in this case between the parties dismissing the City and the Police Department. Basing his holding on the good faith of the officers in relying on Department regulations, Judge Joiner subsequently dismissed the case against the police officers concerned, citing Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974).

The cause of action against the City of Detroit was, as noted above, dismissed before Monell had been decided by the Supreme Court and is not as a consequence at issue in this appeal in any way.

We affirm the memorandum opinion and order of Judge Joiner in dismissing the case against the police officers on the basis of their good faith reliance upon the Department’s regulations.

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700 F.2d 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charlie-moore-v-lieutenant-joseph-zarra-ca6-1983.

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