NOT RECOMMENDED FOR PUBLICATION File Name: 26a0085n.06
Case No. 25-1366
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
FILED ) Feb 12, 2026 DAKARAI LARRIETT, ) KELLY L. STEPHENS, Clerk Plaintiff - Appellant, ) ) v. ) ON APPEAL FROM THE UNITED ) STATES DISTRICT COURT FOR THE MICHIGAN DEPARTMENT OF STATE ) WESTERN DISTRICT OF MICHIGAN POLICE; GEORGE MICHAEL KANYUH; ) MATTHEW OKAIYE, ) OPINION Defendants - Appellees. ) )
Before: DAVIS, RITZ, and HERMANDORFER, Circuit Judges.
RITZ, Circuit Judge. Michigan State Troopers George Kanyuh and Matthew Okaiye
pulled over Dakarai Larriett late at night after Larriett rolled through a redlight. After conducting
a series of sobriety tests, Kanyuh and Okaiye arrested Larriett for driving under the influence,
subjected him to additional tests, and held him at the county jail even after he passed a blood test.
Larriett, a gay Black man who was driving with another Black man during the incident,
claimed the officers discriminated against him based on his race and sexual orientation. He
brought claims against Kanyuh, Okaiye, and the Michigan Department of State Police for Fourth
and Fourteenth Amendment violations, malicious prosecution, false arrest, and intentional
infliction of emotional distress. The district court dismissed the case, and we affirm. No. 25-1366, Larriett v. Michigan Dep’t of State Police
BACKGROUND
I. Initial traffic stop
On April 10, 2024, Larriett was driving his Cadillac SUV in Benton Harbor, Michigan at
3:09 a.m. when he rolled through a redlight. Larriett insists he made a full and complete stop, but
police dash camera footage shows that he failed to fully stop before turning. Kanyuh and Okaiye
pulled Larriett over. As they did, and as Larriett turned onto a side street, Kanyuh read Larriett’s
license plate aloud—“DAKARAI”—as the alcoholic drink “daiquiri,” and Okaiye responded
“[they were] going places.” RE 20-1, Dash Camera Footage, at 00:56-00:57.
Kanyuh approached the driver’s side window of Larriett’s car, asked Larriett for his
license, and informed him that he pulled him over for failing to stop at two redlights.1 After
reviewing Larriett’s driver’s license, Kanyuh asked for his registration and insurance. As Larriett
searched for these documents, Kanyuh commented that Larriett had a “nice car” and asked “how’s
it driving?” RE 20-2, Kanyuh Body Camera Footage, at 02:00-02:01. Kanyuh, while reviewing
Larriett’s insurance, asked Larriett how long he had owned the car, to which Larriett replied “three
years.” Id. at 02:16-02:18.
After Larriett provided his registration, Kanyuh concluded that it was expired and asked
for an updated copy. Larriett did not have one, but assured Kanyuh that it was updated, and
Kanyuh responded that he would “verify all of that.” Id. at 02:24-03:51. Kanyuh then asked
Larriett if alcohol had impacted his ability to drive; Larriett answered in the negative. When
Kanyuh asked when Larriett last drank and Larriett did not immediately respond, Kanyuh asked if
it “had been at least two hours.” Id. at 03:54-03:58. Larriett quickly responded “yes.” Id. at 03:59.
1 The dash camera footage only shows Larriett rolling through one redlight. Larriett alleged that he did not commit any traffic violations. For our purposes, we accept that Larriett rolled through one redlight, as captured on camera. -2- No. 25-1366, Larriett v. Michigan Dep’t of State Police
After Kanyuh asked Larriett what he drank, Larriett hesitated, and Kanyuh commented that he was
“smelling [something] fruity and a little bit of something else on you.” Id. at 04:03-04:08. Larriett
then denied that he had consumed any alcohol at all. Kanyuh insisted that he could “smell it on
[his] breath . . . something fruity,” and asked to confirm that “it’s been at least two hours” from
when Larriett last drank alcohol. Id. at 04:11-04:19. In response, Larriett continued to say “there
is no alcohol,” which prompted Kanyuh to ask Larriett to get out of his car so that Kanyuh could
“verify.” Id. at 04:11-04:19.
As Kanyuh spoke to Larriett, Okaiye talked to the passenger of the car, Larriett’s friend
Tae. Okaiye asked Tae his name and age, how he knew Larriett, and where they had been.2
II. Field sobriety tests
Kanyuh then conducted a series of field-sobriety tests. Before administering the tests,
Kanyuh asked Larriett if he took any medications, and if so, which ones. Larriett confirmed that
he did take medication but declined to answer which ones, saying he “prefer[red] to keep [his]
medication private.” Id. at 05:16-05:22.
In one test, Kanyuh instructed Larriett to follow the tip of Kanyuh’s finger with only his
eyes. Larriett blinked rapidly throughout the test. Kanyuh asked if Larriett was wearing contacts
and if he needed to “rub [his] eyes or something” because he was “just not tracking it.” Id. at
05:45-06:12. Larriett confirmed that he had been wearing contacts for roughly an hour but his
2 Okaiye’s body camera captured some of this conversation, but portions of the audio are omitted. For instance, when Okaiye asks Tae for his age, the audio cuts out for a few seconds. Other gaps in the audio are longer. During one such gap, Larriett alleges Kanyuh had Okaiye “ask [Tae] if that was really [Larriett’s] car,” and Tae responded “[y]eah, why wouldn’t it be?” RE 1-1, First Larriett Aff., PageID 12. This conversation led Tae to conclude that the officers “didn’t think Black people drive in style” and they “really thought it wasn’t [Larriett’s].” Id.; see also RE 32-2, Second Larriett Aff., PageID 149. We accept Larriett’s account of this conversation as true. -3- No. 25-1366, Larriett v. Michigan Dep’t of State Police
eyes were not dry. Kanyuh’s body camera showed that during at least one part of the test, Larriett
stopped looking at Kanyuh’s finger.
In another test, Kanyuh asked Larriett to recite part of the alphabet. Before starting,
Kanyuh asked Larriett what his highest level of education was. After Larriett replied “masters,”
Kanyuh said “I could tell with the Cadillac,” and then asked “so you know your alphabet?” Id. at
10:22-10:27. During a separate test, Kanyuh asked Larriett to count down from 99 to 81. Larriett
started at 99 and stopped at 89.
After the tests, Kanyuh asked Larriett “on a scale of zero to five, as far as five being unsafe
to operate a motor vehicle, the most drunk and high you’ve ever been, and then zero being sober,
where are you at right now?” Id. at 14:54-15:04. Larriett refused to answer, saying “is that really
relevant, I really don’t want to talk about that.” Id. at 15:04-15:08. Kanyuh said “it is relevant,
but if you don’t want to answer it, I don’t care.” Id. at 15:08-15:10. Larriett again insisted that he
had not consumed any alcohol. Kanyuh replied “how about marijuana because you have had that.”
Id. at 15:17-15:21. Larriett said that he had not used marijuana.
Kanyuh then returned to the police car and searched through the trunk, apparently looking
for something. Okaiye asked Kanyuh “straws?”3 Kanyuh replied that he did not have any with
him but that he thought they “had a stash in here somewhere,” in apparent reference to breathalyzer
test strips. Id. at 17:21-17:31; RE 36-2, Okaiye Body Camera Footage, at 17:16-17:26.
Regardless, Kanyuh said, “[Larriett was] going to refuse anyway.” RE 20-2, Kanyuh Body
Camera Footage, at 17:31-17:34; RE 36-2, Okaiye Body Camera Footage, at 17:27-17:28. Okaiye
asked for Kanyuh’s assessment of Larriett’s ability to drive. Kanyuh replied that he did not “know
3 Larriett alleges the officers said “[d]rugs,” not “straws,” and that they planned “to plant drugs in [his] vehicle and implicate him in a drug crime.” RE 1, Compl., PageID 4. But Kanyuh and Okaiye’s body camera footage plainly contradicts this allegation. -4- No. 25-1366, Larriett v. Michigan Dep’t of State Police
what he’s on” but he “assum[ed] weed and alcohol.” RE 20-2, Kanyuh Body Camera Footage,
at 17:37-17:42.
Okaiye then spoke to Larriett alone, asking to “take a look at [him].” RE 36-2, Okaiye
Body Camera Footage, at 17:47-17:51. Larriett asked Okaiye to explain why he had been stopped
and that the stop was “very excessive.” Id. at 18:23-18:26. Okaiye explained they did not make
the tests but “it’s just what [they] have to do” and it was a “national test.” Id. at 19:14-19:16,
23:02-23:04. He explained the test was not a pass or fail but was intended to evaluate the driver’s
ability to safely operate a vehicle.
Okaiye asked if he could examine Larriett’s pupils. Larriett agreed, and during the
examination, Okaiye asked him a number of personal questions, such as if he lived alone and
where, what he did for work, and how long he worked for his employer. He also asked Larriett if
he had alcohol that day, which Larriett again denied.
III. Arrest
After speaking with Larriett, Okaiye returned to the police car and conferred with Kanyuh.
Kanyuh reported that Larriett wobbled when he was asked to stand on one leg; swayed during the
heel-toe test; failed to count down to 81; did not smoothly track Kanyuh’s finger with his eyes;
blinked rapidly and showed divided attention; and failed to stop at redlights. Okaiye asked Kanyuh
if he believed it was “just marijuana,” and Kanyuh replied that he believed Larriett had “a
medication he’s not telling [them] about.” RE 20-2, Kanyuh Body Camera Footage, at 25:14-
25:18. Okaiye agreed, suspecting that Larriett’s use of a prescription medication in combination
with another substance, such as THC or alcohol, caused him to be impaired.
The officers returned to Larriett, who was leaning against the officers’ vehicle. Kanyuh
explained to Larriett that he initially pulled him over for failing to stop at two red stoplights.
-5- No. 25-1366, Larriett v. Michigan Dep’t of State Police
Kanyuh said he then smelled alcohol in the car, either from Larriett or Tae, and that Larriett gave
inconsistent answers when asked if he had been drinking: first saying it had been at least two hours,
then insisting he never drank. Larriett again disputed that he failed to stop at the traffic lights or
had been drinking and objected to Kanyuh’s questioning of his drinking as leading. But Kanyuh
said that his sobriety evaluations led him to determine that Larriett was “under the influence and
driving.” Id. at 27:34-27:37. He informed Larriett that he would need to be brought in for a blood
test and stay for a “detox window.” Id. at 27:38-27:41.
Larriett again disputed that he made any moving violations or was under the influence of
drugs or alcohol. When Larriett asked what tests he failed, Kanyuh, like Okaiye, responded that
the tests were not pass or fail but that he noticed “several signs of divided attention, not being able
to focus on the instructions as [he had] given them . . . and fine motor skills being impaired, such
as not being able to touch the heel to toe, the rigid body movements,” and swaying. Id. at 28:09-
28:36. Larriett interjected that he was “very tired,” seemingly to explain his performance on the
tests. Id. at 28:21-28:23.
Kanyuh told Larriett that if his drug and alcohol tests came back clear, the matter would be
let go and he would not “write [him] a bunch of tickets.” Id. at 28:38-28:45. Okaiye then told
Larriett that he was a “smart, intelligent guy” but although he felt as though he could drive his car,
his prescription medication could interact with alcohol or marijuana in a way that would impair
his ability to drive. Id. at 28:56-29:25. After they verified that Larriett was “okay,” he would need
to “go through . . . a process called detoxification” to “wait until whatever is in [his] body is out
of [his] body.” Id. at 29:30-29:55.
Okaiye offered to give Larriett his and Kanyuh’s information, and Larriett asked for their
badge numbers, saying he felt he had been “harassed.” Id. at 30:10-30:39. But Okaiye reiterated
-6- No. 25-1366, Larriett v. Michigan Dep’t of State Police
that even if Larriett ultimately was not under the influence, he still needed to go to the hospital and
sit through detoxification because they believed he could not safely operate a motor vehicle.
Kanyuh also repeated that once he took the test, the six-hour detoxification period would begin.
Okaiye told Larriett that if he did that, he would be “free to go,” but that if he did not
consent to the test, the officers would obtain a search warrant to draw his blood, and he would
receive six points on his driver’s license plus a year-long suspension. Id. at 31:22-31:45. Kanyuh
read Larriett a statement informing him as much, and asked if he understood. When Larriett replied
“not 100%,” Kanyuh asked him what questions he had, id. at 41:11-41:15, and Larriett said he had
“never seen anything like that before,” id. at 41:18. Kanyuh explained that by signing his driver’s
license, Larriett consented to a blood draw “any time a police officer asks.” Id. at 41:19-41:29.
Kanyuh asked Larriett if he would take a blood test, and Larriett verbally agreed. The
officers put Larriett in the front seat of their car and put him in handcuffs. During the drive to the
hospital, the officers asked him personal questions, such as where he was from and what he did
for work. Larriett alleged that when he arrived at the hospital, he was “compelled to sign a consent
form for the blood test,” which he submitted to. RE 1-1, First Larriett Aff., PageID 12. Larriett
did not specify the contents of this form, such as whether it explained the consequences of refusing
to submit to a blood draw.
The officers then took Larriett to the Berrien County Jail and informed him that he passed
the alcohol test. He was booked and took an X-ray that “revealed an anomaly in [his] stomach.”
Id. Kanyuh suggested this anomaly was a bag of drugs, and “pressured [Larriett] to confess to
avoid additional charges.” Id. To confirm Larriett did not ingest drugs, Larriett “was required to
use the restroom publicly” and Kanyuh instructed him, “[d]on’t flush.” Id. It is unclear what
-7- No. 25-1366, Larriett v. Michigan Dep’t of State Police
additional steps the officers took, but the “anomaly was later determined to be gas bubbles in
[Larriett’s] stomach.” Id.
Larriett was released around noon the same day. The next day, April 11, 2024, Larriett
went to an urgent care clinic for a drug and alcohol test, which showed that he was negative for all
drugs and alcohol.
IV. Procedural history
Larriett sued Kanyuh, Okaiye, and the Michigan Department of State Police. He brought
Fourth and Fourteenth Amendment claims under 42 U.S.C. §§ 1981 and 1983, plus state-law
claims for malicious prosecution, false arrest, and intentional infliction of emotional distress.
Defendants moved to dismiss.
After reviewing the dash camera and body camera footage, the district court granted
defendants’ motion. The court found that Kanyuh and Okaiye had probable cause to stop Larriett
for violating a traffic law, had reasonable suspicion to prolong the stop, and had probable cause to
arrest him. Because no constitutional violation occurred, the court concluded that the officers were
entitled to qualified immunity. The district court also dismissed the Michigan Department of State
Police as a defendant, finding it was entitled to sovereign immunity for violations under 42 U.S.C.
§§ 1981 and 1983. And the court found those same claims against Kanyuh and Okaiye in their
official capacities to be “redundant.” RE 41, Op. & Order, PageID 226-27. Finally, the district
court declined to exercise supplemental jurisdiction over Larriett’s state-law claims because it had
dismissed all federal claims.
Larriett timely appealed. We have jurisdiction under 28 U.S.C. § 1291.
-8- No. 25-1366, Larriett v. Michigan Dep’t of State Police
ANALYSIS
On appeal, Larriett argues the district court erred by crediting dash camera and body
camera footage over his allegations; granting qualified immunity at the pleading stage; dismissing
his 42 U.S.C. § 1981 claim for failing to allege a comparator; and dismissing his official capacity
claims. Larriett’s arguments are unavailing.
I. Materials considered
Before addressing the merits, we delineate the scope of the record.
A. Affidavit in support of opposition to motion to dismiss
At the motion-to-dismiss stage, we credit all well-pled factual allegations in Larriett’s
complaint and draw all reasonable inferences in his favor. See Guertin v. Michigan, 912 F.3d 907,
916 (6th Cir. 2019). Generally, we are limited to considering the pleadings, attachments to the
pleadings, documents that are referred to in the complaint and central to the plaintiff’s claim, and
matters of public record. Saalim v. Walmart, Inc., 97 F.4th 995, 1002 (6th Cir. 2024). “This rule
applies just as much when the plaintiff attaches evidence to its opposition as when (as is more
common) the defendant attaches evidence to its motion.” Bates v. Green Farms Condo. Ass’n,
958 F.3d 470, 483 (6th Cir. 2020). “The court may not take into account additional facts asserted
in a memorandum opposing the motion to dismiss, because such memoranda do not constitute
pleadings under [Fed. R. Civ. P.] 7(a).” Id. (citation modified).
Larriett attached multiple exhibits to his opposition to defendants’ motion to dismiss.
Some of these exhibits, such as the results of his drug test, were referenced in his complaint.
Others, such as a new affidavit alleging additional examples of Kanyuh and Okaiye’s conduct to
support his claims of racial and sexual-orientation discrimination, constituted new facts unalleged
in the complaint. For instance, Larriett alleged in this affidavit that the officers “mock[ed] [his]
-9- No. 25-1366, Larriett v. Michigan Dep’t of State Police
African name and ma[de] homophobic comments . . . that [he] smelled ‘fruity.’” RE 32-2, Second
Larriett Aff., PageID 149. But Larriett cannot “amend [his] complaint in an opposition brief or
ask the court to consider new allegations (or evidence) not contained in the complaint.” Bates,
958 F.3d at 483. Accordingly, to the extent Larriett relies on allegations not pled in his complaint,
we do not consider them.
B. Body camera and dash camera
Larriett’s “complaint implicitly relies on the videos by recounting facts that could only be
known to him by watching the videos,” Bell v. City of Southfield, 37 F.4th 362, 364 (6th Cir. 2022),
including his allegations that Kanyuh and Okaiye “were planning to plant drugs in [his] vehicle,”
RE 1, Compl., PageID 3-4. And by citing to the available footage, both parties asked the district
court to consider body camera and dash camera footage taken the night of the arrest to resolve
defendants’ motion, which it did.
“[O]ur use of the videos is limited at this stage.” Bell, 37 F.4th at 364. “If there is a factual
dispute between the parties, we can only rely on the videos over the complaint to the degree the
videos are clear and ‘blatantly contradict[ ]’ or ‘utterly discredit[ ]’ the plaintiff’s version of
events.” Id. (quoting Scott v. Harris, 550 U.S. 372, 380 (2007)). “When facts shown in a video
can be interpreted in multiple ways, those facts should be viewed in the light most favorable to the
non-moving party.” Lee v. Russ, 33 F.4th 860, 865 (6th Cir. 2022) (citation modified). And where
the video “contains any gaps or uncertainties, we must view those in [plaintiff’s] favor as well.”
Eastep v. City of Nashville, 156 F.4th 819, 826 (6th Cir. 2025) (citation modified). But “if the
indisputable video evidence contradicts [a plaintiff’s] pleadings, his allegations are implausible.”
Bell, 37 F.4th at 364. Here, the video evidence is clear and blatantly contradicts Larriett’s key
factual allegations.
- 10 - No. 25-1366, Larriett v. Michigan Dep’t of State Police
Larriett argues the police body camera and dash camera footage were “incomplete,
redacted, and missing metadata.” CA6 R. 15, Appellant Br., at 8. Larriett made similar allegations
in his complaint and affidavit supporting his opposition to defendants’ motion to dismiss. And he
is partially correct: portions of the videos contain redactions to protect personal identifying
information, including Larriett’s own. But beyond these routine privacy redactions, Larriett does
not explain why he believes the videos were “tamper[ed]” with. Id. at 6. “[T]here are no gaps in
the video[s’] time stamp[s] and no other visible evidence of tampering.” Chappell v. Woods, No.
19-3355, 2020 WL 6162996, at *2 (6th Cir. June 8, 2020). With the exception of Okaiye’s
conversation with Tae, we accept the events as depicted in the videos when evaluating Larriett’s
claims.
II. Official capacity claims
We can dispose of Larriett’s official-capacity claims quickly. The Eleventh Amendment
immunizes states and their departments, including the Michigan Department of State Police, from
suit unless the state has waived its immunity, Congress explicitly abrogated Eleventh Amendment
immunity by statute, or plaintiff seeks “prospective injunctive and declaratory relief” from a
federal court “compelling a state official to comply with federal law.” S & M Brands, Inc. v.
Cooper, 527 F.3d 500, 507-08 (6th Cir. 2008); Lavrack v. City of Oak Park, No. 98-1142, 1999
WL 801562, at *2 (6th Cir. Sep. 28, 1999) (“[The Michigan Department of State Police] is entitled
to Eleventh Amendment immunity.”).
None of these exceptions apply here. Congress has not abrogated state sovereign immunity
from §§ 1981 and 1983 suits. Freeman v. Michigan Dep’t of State, 808 F.2d 1174, 1179 (6th Cir.
1987) (“[T]he Eleventh Amendment bars a § 1981 action against a state.”); Harrison v. Michigan,
722 F.3d 768, 771 (6th Cir. 2013) (“It is well established that § 1983 does not abrogate the
- 11 - No. 25-1366, Larriett v. Michigan Dep’t of State Police
Eleventh Amendment.”). And “Michigan has not consented to the filing of civil rights suits against
it in federal court.” Harrison, 722 F.3d at 771. Finally, Larriett did not seek injunctive relief
below.
On appeal, Larriett argues he “specifically challenged systemic racial and sexual-
orientation discrimination by state troopers and the agency’s internal culture, which potentially
supports a claim for injunctive relief targeting ongoing violations of federal law,” and “[a]t a
minimum,” he “should have been granted leave to amend his complaint to clarify and pursue
prospective relief.” CA6 R. 15, Appellant Br., at 14-16. But Larriett never requested injunctive
relief nor did he move to amend his complaint. We do not “ordinarily address new arguments
raised for the first time on appeal.” Michigan Bell Tel. Co. v. Strand, 305 F.3d 580, 590 (6th Cir.
2002). And because Larriett never sought leave to amend, the district court properly dismissed his
official capacity claims with prejudice. See Spadafore v. Gardner, 330 F.3d 849, 853 (6th Cir.
2003) (declining to address newly alleged claims where “[n]o motion for leave to amend was ever
filed . . . nor was a proposed amendment submitted in any form”).
III. Section 1983 claims
Next we turn to Larriett’s § 1983 claims against Kanyuh and Okaiye in their personal
capacities. “To state a claim under [42 U.S.C.] § 1983, a plaintiff must allege the violation of a
right secured by the Constitution and laws of the United States, and must show that the alleged
deprivation was committed by a person acting under color of state law.” West v. Atkins, 487 U.S.
42, 48 (1988). Larriett brought two § 1983 claims: (1) deprivation of his Fourth Amendment rights
and (2) selective prosecution based on race and sexual orientation in violation of the Equal
Protection Clause of the Fourteenth Amendment.
- 12 - No. 25-1366, Larriett v. Michigan Dep’t of State Police
State officials are entitled to qualified immunity from a § 1983 suit unless a plaintiff alleges
facts showing (1) the official’s “conduct violated a constitutional right” and (2) that right is
“clearly established.” Cahoo v. SAS Analytics Inc., 912 F.3d 887, 897 (6th Cir. 2019) (citation
omitted). Although “qualified immunity is a threshold question to be resolved at the earliest
possible point . . . that point is usually summary judgment.” Wesley v. Campbell, 779 F.3d 421,
433-34 (6th Cir. 2015) (citation modified). The district court could only grant qualified immunity
at the motion-to-dismiss stage “if it is clear that no violation of a clearly established constitutional
right could be found under any set of facts that could be proven consistent with the allegations or
pleadings.” Jackson v. Schultz, 429 F.3d 586, 589 (6th Cir. 2005). We review dismissal of a claim
“on qualified-immunity grounds de novo.” Mitchell v. City of Benton Harbor, 137 F.4th 420, 429-
30 (6th Cir. 2025).
A. Fourth Amendment claims
Larriett argues the officers violated his Fourth Amendment rights by (1) stopping him, (2)
extending the stop to conduct sobriety testing, and (3) arresting and detaining him. We address
each in turn.
1. Initial traffic stop
“The temporary stop and detention of a vehicle and its passengers, even for a brief period
of time,” can violate the Fourth Amendment’s protection against unreasonable seizures. United
States v. Copeland, 321 F.3d 582, 592 (6th Cir. 2003). Generally, this protection is not violated
during such stops “where the police have probable cause to believe that a traffic violation has
occurred.” Whren v. United States, 517 U.S. 806, 810 (1996).
- 13 - No. 25-1366, Larriett v. Michigan Dep’t of State Police
Here, dash camera footage shows Larriett rolling through the stoplight. Because he
violated a Michigan traffic law, Mich. Comp. Laws § 257.612(1)(c), Kanyuh and Okaiye
justifiably stopped him.
Larriett argues the district court erred by crediting the video evidence over his allegations
and incorrectly dismissed his “affidavit testimony and tampering concerns as ‘conclusory,’ rather
than affording them the benefit of the doubt.” CA6 R. 15, Appellant Br., at 6. But Larriett does
not explain why the footage is subject to interpretation, beyond insisting that it is. Where the video
“blatantly contradict[s] or utterly discredit[s] the plaintiff’s version of events,” as here, “his
allegations are implausible.” Bell, 37 F.4th at 364 (citation modified). Therefore, Larriett’s claim
fails.
2. Sobriety tests
Next, Larriett argues the traffic stop’s extension to conduct field sobriety tests violated his
Fourth Amendment rights. We disagree.
Detaining an individual for field sobriety testing “requires specific and articulable facts,
which, taken together with rational inferences from those facts, reasonably warrant the continued
detention of a motorist after a traffic stop.” United States v. Ellis, 497 F.3d 606, 612-13 (6th Cir.
2007) (citation modified). We “look at the totality of the circumstances” on a case-by-case basis
to determine whether the officer had “a particularized and objective basis for suspecting legal
wrongdoing,” but also “bear[ ] in mind that officers are permitted to draw on their own experience
and specialized training to make inferences from” the available facts. Green v. Throckmorton, 681
F.3d 853, 860 (6th Cir. 2012) (citation modified). This test requires us to “determine whether the
individual factors, taken as a whole, give rise to reasonable suspicion, even if each individual factor
- 14 - No. 25-1366, Larriett v. Michigan Dep’t of State Police
is entirely consistent with innocent behavior when examined separately.” United States v. Perez,
440 F.3d 363, 371 (6th Cir. 2006) (citation modified).
Here, Kanyuh smelled a “fruity” aroma from Larriett’s car; Larriett failed to come to a
complete stop at the traffic light late at night; and Larriett seemingly admitted to alcohol
consumption before changing his story. RE 20-2, Kanyuh Body Camera Footage, at 03:54-4:09;
RE 20-1, Dash Camera Footage, at 00:17-00:25. Larriett’s late-night traffic violation is “certainly
relevant as part of the totality-of-the-circumstances inquiry,” but here is insufficient to “constitute
reasonable suspicion of driver impairment” on its own. Green, 681 F.3d at 864.
Kanyuh’s claim that he smelled a “fruity” aroma from Larriett’s car is also relevant but not
determinative. RE 20-2, Kanyuh Body Camera Footage, at 04:03-04:08. We have found that an
officer’s claims of “a slight odor of alcohol coming from [the driver’s] breath” and determination
that the driver performed poorly on field sobriety tests, “if believed, would constitute probable
cause to arrest for driving under the influence.” Miller v. Sanilac Cnty., 606 F.3d 240, 245, 248-49
(6th Cir. 2010). But a subsequent 0.00% blood-alcohol-test result “casts doubt on” these claims
and may create a question of the officer’s credibility that must be resolved by a jury. Id. at 248-49.
Similarly, in Green, we reviewed a district court’s grant of qualified immunity for a police
officer who, after a traffic stop, further detained a driver to conduct field sobriety tests after
observing her pupils were constricted. Green, 681 F.3d at 860-61. Like here, the driver in Green
took a drug and alcohol test that “later came back negative.” Id. at 859. Because “the reasonable-
suspicion inquiry here turn[ed] on [the officer’s] credibility,” which was brought into question by
the negative drug and alcohol test, we determined the appearance of the driver’s pupils was a
question for the jury and declined to consider it. Id. at 862-63.
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Unlike the driver in Green, however, Larriett initially told Kanyuh it had been at least two
hours since he last had an alcoholic drink, before pivoting to the statement that he had consumed
no alcohol at all. See id. at 857; see also Miller, 606 F.3d at 248. During the stop, Larriett argued
that Kanyuh’s question was confusing and meant to lead him to admit to drinking. But the video
shows that Kanyuh only asked Larriett this question after Larriett did not immediately answer
when he last consumed an alcoholic drink. Thus, the totality of the circumstances shows Kanyuh
and Okaiye had a particular and objective basis for conducting field sobriety tests.
3. Arrest and detention
Finally, Larriett challenges his arrest and detention. An officer violates the Fourth
Amendment when he “effects a warrantless arrest without probable cause.” Akima v. Peca, 85
F.4th 416, 422-23 (6th Cir. 2023). “Probable cause exists if a person of ‘reasonable caution,’
considering ‘the facts and circumstances within’ the officer’s knowledge, would ‘believe that an
offense had been, was being, or was about to be committed.’” Id. at 423 (quoting Hartman v.
Thompson, 931 F.3d 471, 481 (6th Cir. 2019)). We “consider the totality of the circumstances,”
reviewing “both the evidence of guilt and the exculpatory evidence available to the officer at the
time . . . under an objective standard without considering the arresting officer’s actual motives.”
Id. (citation modified).
Michigan law prohibits “operating while intoxicated,” which includes driving “under the
influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a
combination of” the three. Mich. Comp. Laws § 257.625(1)(a). Here, the officers saw that Larriett
wobbled when he was asked to stand on one leg; swayed during the heel-toe test; failed to count
down to 81 during the backwards counting test; did not smoothly follow the tip of Kanyuh’s finger
with his eyes; blinked rapidly; expressed divided attention throughout the tests; smelled of alcohol;
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suggested he drank alcohol at least two hours before the stop, only to recant; initially refused to
rate his level of intoxication on a scale of zero to five, saying he did not “want to talk about that”;
and rolled through a redlight. RE 20-1, Dash Camera Footage, at 00:17-00:25; RE 20-2, Kanyuh
Body Camera Footage, at 07:27-07:31, 10:48-11:08, 15:08-15:10, 24:33-25:12, 25:41-25:43.
Except for Larriett’s performance on the one-leg standing test and heel-toe test and Kanyuh’s
claims that he smelled of alcohol, the videos confirm each of these observations.
Larriett argues he “passed all sobriety tests, exhibited no indicia of intoxication, and tested
negative for drugs and alcohol.” CA6 R. 15, Appellant Br., at 10. He also told the officers he was
“very tired,” insinuating his performance was affected by the late hour. RE 20-2, Kanyuh Body
Camera Footage, at 28:21-28:23. As an initial matter, “subsequent evidence that plaintiff had not
been drinking does not vitiate the probable cause established by what the officer observed and the
results of the field sobriety tests.” Miller, 606 F.3d at 248 (citation modified). And
notwithstanding Larriett’s claim that he did not “exhibit[] [any] indicia of intoxication,” CA6
R. 15, Appellant Br., at 10, the video footage “blatantly contradict[s]” his “version of events,”
Bell, 37 F.4th at 364 (citation modified). Based on the totality of what they observed, the officers
had probable cause to arrest Larriett. See Kinlin v. Kline, 749 F.3d 573, 575, 580 (6th Cir. 2014).
Larriett also insinuates his detention at the Berrien County Jail and blood draw were
“compelled.” CA6 R. 15, Appellant Br., at 1-2. Continued detention without probable cause can
be a Fourth Amendment violation. Jones v. Clark Cnty., 959 F.3d 748, 759 (6th Cir. 2020),
abrogated on other grounds by Thompson v. Clark, 596 U.S. 36 (2022). And drug and alcohol
tests are “searches that come within the ambit of the Fourth Amendment.” Relford v. Lexington-
Fayette Urb. Cnty. Gov’t, 390 F.3d 452, 457 (6th Cir. 2004) (citation modified). But Michigan is
an implied-consent state, which means that the refusal to take a requested sobriety test after being
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arrested results in a license suspension and six points to the driver’s record. Mich. Comp. Laws
§§ 257.625a(6)(b)(v), 257.625c. Moreover, video footage shows Larriett was repeatedly informed
that he would be required to spend time in detoxification, even if he agreed to and passed the blood
draw. Larriett’s arguments are unavailing.
B. Fourteenth Amendment claims
Larriett also alleged the officers violated his Fourteenth Amendment rights by selectively
prosecuting him on the basis of his race and sexual orientation. To establish a claim for selective
prosecution, a plaintiff must show (1) the state actor “single[d] out a person belonging to an
identifiable group, such as those of a particular race or religion,” (2) the state actor “initiate[d] the
prosecution with a discriminatory purpose,” and (3) the prosecution had “a discriminatory effect
on the group which the defendant belongs to.” Stemler v. City of Florence, 126 F.3d 856, 873 (6th
Cir. 1997) (citation modified). “With regard to the first element, it is an absolute requirement that
the plaintiff make at least a prima facie showing that similarly situated persons outside [his]
category were not prosecuted.” Id.
Larriett does not allege that “similarly situated persons outside [his] category were not
prosecuted,” so he fails to state a claim. Id.; see also Daubenmire v. City of Columbus, 507 F.3d
383, 385, 390 (6th Cir. 2007) (affirming district court’s dismissal of selective-prosecution claim
where plaintiff “fail[ed] to allege a prima facie case”). He argues that “the Supreme Court held
that a complaint alleging discrimination need not contain specific facts establishing a prima facie
case.” CA6 R. 15, Appellant Br., at 11 (citation modified). But the cases Larriett cites address
allegations of employment discrimination, not selective enforcement. See Swierkiewicz v. Sorema
N.A., 534 U.S. 506, 508 (2002) (“We hold that an employment discrimination complaint need not
include” facts “establishing a prima facie case of discrimination under the framework set forth by
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this Court” in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (citation modified)); Keys
v. Humana, Inc., 684 F.3d 605, 609 (6th Cir. 2012) (applying Swierkiewicz, 534 U.S. at 510-12,
514). Therefore, the district court correctly dismissed this claim.
IV. Section 1981 claim
Finally, we address Larriett’s claim under 42 U.S.C. § 1981 that the officers intentionally
discriminated against him on the basis of race and sexual orientation. Section 1981 guarantees the
“the full and equal benefit of all laws and proceedings for the security of persons and property as
is enjoyed by white citizens.” 42 U.S.C. § 1981(a). It does not apply to sexual-orientation
discrimination. To state a claim for racial discrimination under § 1981, a plaintiff must show
“(1) he belongs to an identifiable class of persons who are subject to discrimination based on their
race; (2) the defendant intended to discriminate against him on the basis of race; and (3) the
defendant’s discriminatory conduct abridged a right enumerated in section 1981(a).” Amini v.
Oberlin Coll., 440 F.3d 350, 358 (6th Cir. 2006). These requirements “mirror” those of an equal
protection claim. Willie McCormick & Assocs., Inc. v. City of Detroit, 61 F. App’x 953, 957 (6th
Cir. 2003).
Larriett does not plausibly allege the elements of his § 1981 claim. First, he cannot identify
how the officers’ conduct abridged a right enumerated in § 1981(a). He claimed the officers
violated his “right to be free from racial discrimination in the making and enforcement of
contracts” and “subject[ed] him to unequal treatment under the law” as “evidenced by their
pretextual traffic stop, wrongful arrest, and discussion of fabricating evidence.” RE 1, Compl.,
PageID 6-7. But his allegations do not involve the making and enforcement of contracts. “[S]ome
other Courts of Appeals have held that racially motivated arrests and searches made in the absence
of probable cause” meet this element “because they fall within the ‘equal benefits’ and ‘like
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punishments’ clauses of Section 1981(a).” Cunningham v. Sisk, 136 F. App’x 771, 775-76 (6th
Cir. 2005). But the video evidence here demonstrates that the officers had probable cause to pull
Larriett over, reasonable suspicion to prolong the stop, and probable cause to arrest him for driving
under the influence. See id.
Nor did Larriett plausibly allege that Kanyuh and Okaiye intended to discriminate against
him on the basis of race. He argues “the officers treated him in a hostile and intrusive manner,
singled him out for unnecessary scrutiny, and subjected him to public humiliation—all while
making comments and exhibiting conduct consistent with discriminatory animus.” CA6 R. 15,
Appellant Br., at 12. But the video evidence again contradicts these claims. For instance, Larriett
argues “[h]e was stopped and questioned without probable cause” because of his race. Id. Putting
aside the fact that the officers had probable cause to pull him over, Larriett did not allege the
officers were aware of his race when they stopped him. In fact, the video shows the officers were
watching from behind when Larriett rolled through the light, and neither Larriett nor Tae were
visible. Thus, we cannot “draw the reasonable inference” that the officers were motivated to stop
him because of his race. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
Larriett argues the officers “administered sobriety tests he passed, yet claimed he failed.”
CA6 R. 15, Appellant Br., at 12. This, too, is contradicted by the videos. Kanyuh explained to
Larriett that the tests were not pass or fail, but because he noticed indicators of inebriation (as seen
in the videos), he believed Larriett was under the influence of drugs or alcohol.
Larriett also says the officers “conducted an invasive search and accused him of
swallowing drugs without cause” and he “was told to defecate in public and not flush the toilet
during detention.” Id. It is unclear what “search” he is referring to, but the officers provided a
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reason for suspecting he may have swallowed drugs. As Larriett alleged, “an X-ray revealed an
anomaly in [his] stomach.” RE 1-1, First Larriett Aff., PageID 12.
Because Larriett did not plausibly allege that Kanyuh and Okaiye intended to discriminate
against him on the basis of race, we affirm.
CONCLUSION
For these reasons, we affirm.
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