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Baker v. Smiscik
United States District Court for the Eastern District of Michigan
49 F. Supp. 3d 489 (2014)
James Baker (plaintiff) walked into a donut shop while openly carrying a rifle and a handgun. The shop’s manager called 911, and several police officers (defendants) responded. One officer asked Baker why he had the firearms, and Baker stated that he was openly carrying them. The officers temporarily disarmed Baker while they questioned him further. Baker refused to provide identification, and one officer pulled a wallet from Baker’s jacket to obtain Baker’s identification. After the police officers confirmed that the manager wanted Baker to leave, they escorted Baker to his car, placed his weapons in the trunk, and watched him depart. The encounter lasted approximately 30 minutes. Baker sued the officers, alleging that they had violated his civil rights under the Second and Fourth Amendments to the United States Constitution. The officers raised a qualified-immunity defense and moved to dismiss the lawsuit.
Rule of Law
Holding and Reasoning (Goldsmith, J.)
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