Kimberly Sykes v. Derrick Anderson, et al

Filing

OPINION and JUDGMENT filed: Judgment of the district court in Case No. 08-2088 is AFFIRMED as to plaintiffs' claims of false arrest, malicious prosecution, and violations of due process; case is REMANDED for the sole purpose of having the district court explain its reasons for denying the defendants' motion for remittitur. Plaintiffs' cross-appeals in Case Numbers 08-2090 and 08-2118 are HELD IN ABEYANCE pending this court's later review of the district court's statement of reasons with regard to remittitur; decision for publication pursuant to local rule 206. Karen Nelson Moore (AUTHORING), Ronald Lee Gilman, Circuit Judges; Thomas B. Russell, Chief District Judge for the Western District of Kentucky. [08-2090, 08-2118]

Case: 08-2090 Document: 006110784041 Filed: 11/09/2010 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 08-2088/2090/2118 KIM BERLY SYKES, TEVYA GRACE URQUHART, Plaintiffs - Appellees/Cross-Appellants, v. DERRICK ANDERSON, CAROL NICHOLS, Defendants - Appellants/Cross-Appellees. Before: MOORE and GILMAN, Circuit Judges; RUSSELL, Chief District Judge. JUDGMENT On Appeal from the United States District Court for the Eastern District of Michigan at Detroit. THIS CAUSE was heard on the record from the district court and was argued by cou nsel. IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district court as to liability under 42 U.S.C. § 1983 for false arrest, malicious prosecution, and withholding of evidence in violation of the Plaintiffs' due-process rights is AFFIRMED, and the case is REMANDED for the sole purpose of having the district court explain its reasons for denying the Defendants' motion for remittitur. IT IS FURTHER ORDERED that the Plaintiffs' cross-appeals in Case Numbers 08-2090 and 08-2118 are HELD IN ABEYANCE pen ding this court's later review of the district court's statement of reasons with regard to remittitu r. ENTERED BY ORDER OF THE COURT

FILED
Nov 09, 2010
LEONARD GREEN, Clerk

Leonard Green, Clerk