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Claim of false arrest is dismissed where probable cause was decided by a third-party

Russell and Dennis Whipple were arrested after a bar fight.  They were charged with a criminal offense, but eventually found not guilty.  They then sued the Mason police authorities who conducted the arrest.  The Court reduced their various claims to an allegation of lack of probable cause and concluded that the latter decision is one made by the Prosecutor.  Therefore, the arresting officers could not be charged with arresting the plaintiffs without probable cause.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262