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. |