# Christopher Bailey v. City of Howell

> Court of Appeals for the Sixth Circuit · March 16, 2016 · 643 F. App'x 589

URL: https://www.frixlaw.com/law-library/cases/9822140

## Case

- **Full name:** Christopher James BAILEY, Plaintiff-Appellant, v. CITY OF HOWELL; City of Howell Police; George Basar; Luke Lorenz, Defendants-Appellees
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** March 16, 2016
- **Citations:** 643 F. App'x 589
- **Precedential status:** Unpublished
- **Opinion:** Concurrence by White
- **Judges:** Daughtrey, Rogers, White
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9822140

## Opinion text

HELENE N. WHITE, Circuit Judge,
concurring.
I concur in the majority opinion except with respect to the conclusions that there was probable cause, as a matter of law, to seize and to seek suspension of Bailey’s license. It is not clear to me that a reasonable officer in Lorenz’s position had probable cause to conclude that Bailey’s request to speak to his attorney and agreement to take the chemical test only after learning that it would be performed at the jail were for the purpose of delay. Nevertheless, I concur in the affirmance as to these claims because the law in Michigan on these issues was sufficiently unclear that a reasonable officer in Lorenz’s position would not have known that his actions were unlawful.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9822140. Public record. Not legal advice.