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DONALD FREED,
Plaintiff-Appellant/Cross-Appellee,
v.
MICHELLE THOMAS,
Defendant-Appellee,
COUNTY OF GRATIOT, MICHIGAN,
Defendant-Appellee/Cross-Appellant,
MICHIGAN DEPARTMENT OF ATTORNEY GENERAL,
Intervenor-Appellee. |
Nos. 21-1248/1288/1339 |
Appeal from the United States District Court for the Eastern District of Michigan at Bay City.
No. 1:17-cv-13519—Bernard A. Friedman, District Judge.
Argued: August 1, 2023
Decided and Filed: September 6, 2023
Before: SILER, GIBBONS, and LARSEN, Circuit Judges.
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OPINION
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SILER, Circuit Judge. Although Plaintiff Donald Freed prevailed on his Fifth
Amendment claim before the district court, he appeals because the district court declined to
award him the fair market value of his property minus his debt. Freed argues that the district
court erred by (1) violating his Fifth or Eighth Amendment rights by awarding him “the
difference between the foreclosure sale and [his] debt” instead of the fair market value of his
property; (2) granting qualified immunity to Michelle Thomas, Gratiot County’s (“the County”)
treasurer; and (3) denying without prejudice his motion for attorney’s fees. The County cross-appeals, arguing that the district court improperly held it liable for Freed’s 42 U.S.C. § 1983
claims. We affirm. |
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