Attorneys Haider Kazim and Matt Cross Obtain Dismissal on the Basis of Qualified Immunity for Upper Peninsula Community

Attorneys Haider Kazim and Matt Cross represented an upper peninsula township and two of its officers in a federal lawsuit in the Western District of Michigan involving a claimed Fourth Amendment violation. The plaintiff alleged that the township’s officers’ conduct amounted to a false arrest and malicious prosecution. When the time was right, Attorney Kazim and Attorney Cross moved for dismissal on qualified immunity grounds, which the court granted.

The Judge found that even taking the plaintiff’s version of the facts at face value, the conduct did not violate clearly established law. Specifically, there was no case—binding or persuasive—that held the type of municipal conduct at issue amounted to a Fourth Amendment violation. The opinion zeroed in on the first prong of qualified immunity and whether a showing had been made that officers showed a reckless disregard for the truth or stated a deliberate falsehood. The Court found they did not—and dismissed the case with prejudice.

This was not a procedural technicality; this was a full analysis on the merits. The Court looked at the circumstances, the case law, and the qualified immunity standard and made a decision that sends a clear message to opposing counsel and to public entities trying to do their jobs within the bounds of the law.

Haider Kazim is an Equity Partner in the Firm’s Traverse City office where he focuses his practice on municipal law, zoning and land use, FOIA/OMA, tax tribunal practice, employment law, property law, law enforcement and defense, and insurance defense. He represents and defends municipalities throughout Michigan in zoning and land use disputes, ordinance enforcement actions, employment claims involving allegations of discrimination, harassment, whistleblowing, claims arising under FOIA and OMA, and general municipal law. He may be reached in our Traverse City office at (231) 922-1888 or hkazim@cmda-law.com. 

Matthew Cross is a partner in the Firm’s Traverse City office where he focuses his practice on municipal law, zoning and land use, law enforcement defense and litigation, insurance defense, and general litigation. He has experience handling employment law, personal injury defense, marijuana licensing litigation, civil rights litigation, constitutional litigation, and other municipal issues. He may be reached in our Traverse City office at (231) 922-1888 or mcross@cmda-law.com.