BELINDA MARIE FITZPATRICK v. KYLE HANNEY, et al., MATTHEW SIMON - Articles

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BELINDA MARIE FITZPATRICK v. KYLE HANNEY, et al., MATTHEW SIMON

Posted by: Azya Thornton on May 30, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Kali M. L. Henderson, SEWARD HENDERSON PLLC, Royal Oak, Michigan, for Appellant.

Attorneys 2: ARGUED: J. Nicholas Bostic, Lansing, Michigan, for Appellee.

Attorneys 3: ON BRIEF: T. Joseph Seward, David D. Burress, SEWARD HENDERSON PLLC, Royal Oak, Michigan, for Appellant. J.

Attorneys 4: ON BRIEF: Nicholas Bostic, Lansing, Michigan, for Appellee.

Judge(s): BATCHELDER, LARSEN, and RITZ, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

ALICE M. BATCHELDER, Circuit Judge. In this interlocutory appeal, Matthew Simon, a local housing-code official, argues that qualified immunity shields him from suit on Belinda Fitzpatrick’s claims under the Fourth and Fourteenth Amendments. The district court denied Simon’s motion to dismiss after it determined that, based on the facts alleged, Simon had plausibly violated Fitzpatrick’s clearly established constitutional rights. For the reasons below, we reverse.

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