Opinion

Ghandi v. Police Department of Detroit

  • 823 F.2d 959
Court
Court of Appeals for the Sixth Circuit
Filed
Jul 13, 1987
Status
Published
Author
Jones
On the bench
Jones, Martin, Milburn
Cited by
2 cases
Authority
More cited than 19.7%

a paid informant is a state actor if he “acted together with or has obtained significant aid from [State] officials, or because his conduct is otherwise chargeable to the State.”

How later courts described this case

  • a paid informant is a state actor if he “acted together with or has obtained significant aid from [State] officials, or because his conduct is otherwise chargeable to the State.”

Written by the judges who cited it.

The opinion

NATHANIEL R. JONES, Circuit Judge,

concurring.

I concur in Judge Milburn’s opinion affirming the judgment of the district court. *965 I write separately only to set forth my interpretation of today’s decision. It is my understanding that the district court’s dismissal of plaintiffs’ claims that the individual FBI agents were grossly negligent in the supervision or handling of their paid informant is affirmed solely because plaintiffs failed to preserve such claims for trial. The factual allegations of the informant’s conduct, as well as the FBI agents’ knowledge of such conduct, raise serious constitutional questions concerning the duty of government agents to exercise some modicum of control over their informants and to protect the general public (and especially investigatory targets) from the illegal acts of such informants. Cf Nishiyama v. Dickson County, 814 F.2d 277, 281-83 (6th Cir.1987) (en banc) (state actors’ grossly negligent supervision of jail trustee resulting in injury to another may give rise to § 1983 liability).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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