No. 24-846

Marc M. Susselman v. Washtenaw County Sheriff's Office, et al.

Lower Court: Sixth Circuit
Docketed: 2025-02-07
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights due-process first-amendment probable-cause rule-12b6 substantive-due-process
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FirstAmendment FourthAmendment CriminalProcedure
Latest Conference: 2025-04-04
Question Presented (AI Summary)

Whether the Sixth Circuit violated Petitioner's due process rights by improperly dismissing a lawsuit under Rule 12(b)(6) and charging him with a misdemeanor without probable cause

Question Presented (OCR Extract)

1. Whether the Sixth Circuit Court of Appeals violated Petitioner’s right to due process under the Fourteenth Amendment by failing to adhere to the standard of review which applies to dismissal of a lawsuit pursuant to Fed. R. Civ. P. 12(b)(6). 2. Whether Petitioner pled a cognizable, plausible claim for violation of his First Amendment freedom of speech by his being criminal ly prosecuted and being charged with a criminal misdemeanor due to his alleged disorderly conduct related to his verbally arguing with a Michigan sheriff’s deputy. 3. Whether Petitioner pled a cognizable, plausible claim of a civil conspiracy under 42 U.S.C. § 1983, in violation of his First Amendment right of freedom of speech, where a prosecutor and a sheriff’s deputy exchanged emails agreeing to charge Petitioner with a criminal misdemeanor, despite the fact that there was no probable cause supporting the charge. 4. Whether being char ged with a criminal misdemeanor, without probable cause, and without being arrested, constituted a violation of Petitioner’s liberty interest and substantive due process under the Fourteenth Amendment.

Docket Entries

2025-04-07
Petition DENIED.
2025-03-19
DISTRIBUTED for Conference of 4/4/2025.
2025-02-26
Waiver of right of respondents Washtenaw County Sheriff's Office, Deputy Sheriff Jonathan King, Washtenaw County, Michigan to respond filed.
2025-02-20
Waiver of right of respondent Superior Township to respond filed.
2025-02-03
2024-11-21
Application (24A506) granted by Justice Kavanaugh extending the time to file until February 2, 2025.
2024-11-13
Application (24A506) to extend the time to file a petition for a writ of certiorari from December 4, 2024 to February 2, 2025, submitted to Justice Kavanaugh.

Attorneys

Marc Susselman
Marc M. SusselmanMarc Susselman, Attorney at Law, Petitioner
Marc M. SusselmanMarc Susselman, Attorney at Law, Petitioner
Superior Township
Nancy Vayda DembinskiLandry, Mazzeo, Dembinski & Stevens, P.C., Respondent
Nancy Vayda DembinskiLandry, Mazzeo, Dembinski & Stevens, P.C., Respondent
Washtenaw County Sheriff's Office, Deputy Sheriff Jonathan King, Washtenaw County, Michigan
James A. Buster45 Ottawa Ave., SW # 1100, Respondent
James A. Buster45 Ottawa Ave., SW # 1100, Respondent