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TATE v. YENOIR

Civ. No. 81-10015.

537 F.Supp. 306 (1982)

Harold TATE, Plaintiff, v. Charles YENOIR, Defendant.

United States District Court, E. D. Michigan, N. D.

April 5, 1982.

Attorney(s) appearing for the Case

Mark J. Brissette, Bay City, Mich., for plaintiff.

A. T. Lippert, Jr., Saginaw, Mich., for defendant Arenac County.

Owen Cummings, Livonia, Mich., for defendants Sheriff's Dept. and Yenoir.

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

Stated generally, the question before the Court is what, if any, constitutional protection is afforded an undersheriff when he is subpoenaed to testify in a criminal trial as a rebuttal witness and testifies for the defendant and against the state and fellow undersheriffs. Plaintiff was fired as a result of his testimony. Under 42 U.S.C. § 1983, plaintiff claims his firing unlawfully deprived...

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