Open Carry case from the Sixth Circuit
Northrup v. City of Toledo Police Dep't, decided today. Plaintiff was open carrying in Toledo, walking with his daughter, grandson, and dog. Somebody complained to police (tho open carry is legal, and he had a CCW permit as well). The officer responded and before it was over had him in handcuffs. The only charge was dismissed before trial, and now he sues under §1983. The trial court dismissed his Second Amendment claim, allowing his Fourth Amendment one to go forward. The Sixth Circuit reversed that dismissal. I gather that on appeal the PD raised claims of "qualified immunity" (the court-created exception to liability where a reasonable officer would not have known his conduct was unconstitutional), and most of the ruling centers on that. The court finds that there was no reason to believe he was engaged in illegality, that the officer at most had the power to ask a few questions, but no power to arrest or even detain.