MARK B. BLACKWELL v. LISA NOCERINI; RYAN STRONG; FINLEY CARTER - Articles

All Content

MARK B. BLACKWELL v. LISA NOCERINI; RYAN STRONG; FINLEY CARTER

Posted by: Azya Thornton on Dec 16, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Marcelyn A. Stepanski, Anne McClorey McLaughlin, ROSATI, SCHULTZ, JOPPICH & AMTSBUECHLER, P.C., Farmington Hills, Michigan, for Appellants.

Attorneys 2: ON BRIEF: Timothy E. Galligan, TIMOTHY E. GALLIGAN PLLC, Clarkston, Michigan, for Appellee.

Judge(s): SUTTON, Chief Judge; BUSH and MURPHY, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Flint

MURPHY, Circuit Judge. After Mark Blackwell criticized the city manager of a small Michigan city, the manager complained about him to the police. Two officers convinced a prosecutor to charge Blackwell with stalking. But a judge acquitted him. Blackwell then sued the manager and officers for violating the First Amendment by inducing this prosecution in retaliation for his political speech. The district court held that his complaint alleged enough facts to rebut the city officials’ qualified-immunity defense at the pleading stage. The officials now appeal. We agree that Blackwell plausibly pleaded that the officials sought to prosecute him in retaliation for his speech and without probable cause that he had committed a crime. We also reject the officials’ premature efforts to bolster their defense with outside-the-complaint evidence. We thus affirm.

Attachments: