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DOMINIQUE RAMSEY; TRAVIS SAMMONS,
Plaintiffs-Appellees,
v.
DAVID RIVARD,
Defendant-Appellant.
   No. 23-1941
Appeal from the United States District Court for the Eastern District of Michigan at Bay City.
No. 1:20-cv-13124—David M. Lawson, District Judge.
Decided and Filed: August 1, 2024
Before: MOORE, COLE, and MATHIS, Circuit Judges.


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OPINION
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COLE, Circuit Judge. Plaintiffs Dominique Ramsey and Travis Sammons were incarcerated for over five years for the murder of Humberto Casas. After the Michigan appellate courts determined that their convictions were based on an improper identification, the prosecution dismissed the case and Ramsey and Sammons were released.

Ramsey and Sammons sued David Rivard, the Michigan State Police sergeant who oversaw the identification procedure, bringing federal claims under the Due Process Clause and the Fourth Amendment via 42 U.S.C. § 1983 for malicious prosecution, fabrication of evidence, and unduly suggestive identification, as well as a claim for malicious prosecution under Michigan law. The district court denied Rivard’s motion for summary judgment, determining that he was not entitled to absolute or qualified immunity for the federal claims nor to governmental immunity for the state law claim. Rivard brought this appeal. We dismiss Rivard’s appeal of the denial of qualified immunity as to the federal malicious prosecution claim and the fabrication of evidence claim for lack of appellate jurisdiction. We affirm the district court’s denial of summary judgment as to all remaining claims.