The officers observed Almansour curse at Zantello and his daughter, and Zantello returned the favor, telling Almansour that his mother was acting like a b****. back and forth at each other and identified two men David Almansour and William Zantello as the central figures in the altercation. When officers Phelps and Underwood arrived on the scene, they found six or seven people outside the store yelling. At some point during the delivery, the Almansours and Zantello became embroiled in an argument over the condition of the cooler, prompting someone the record does not say who to report an assault and battery to the Shelby Township police department. As the cooler rolls along the bars, a bar eventually breaks free, and the mover brings the free bar to the front of the cooler, repeating the process and inching the cooler along to its destination. To move the heavy cooler from his truck into the store, Zantello used the bars and yankie method, which requires the mover to yank the cooler across iron bars. On the afternoon of July 23, 2004, William Zantello delivered an industrial-sized water cooler to the Dollar Buster convenience store owned by the Almansour family. But because material issues of fact remain over whether the officers used excessive force in carrying out the arrest, they are not entitled to qualified immunity from that claim. officers had probable cause to arrest William Zantello for felonious assault, they are entitled to qualified immunity from Zantello s unreasonable-seizure and malicious-prosecution claims. Friedman, Senior Circuit Judge for the United States Court of Appeals for the Federal Circuit, sitting by designation. In this § 1983 action, officers Scott Phelps and Kenneth Underwood challenge the district court s denial of their summary judgment motions. ) Before: BATCHELDER, SUTTON and FRIEDMAN, Circuit Judges.* SUTTON, Circuit Judge.

UNDERWOOD, ) ) ) Defendants - Appellants. ) ) SHELBY TOWNSHIP LOUIS FRANCIS ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN ) Defendants, ) ) SCOTT PHELPS KENNETH L. 07-1640 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT WILLIAM ZANTELLO, ) ) Plaintiff-Appellee, ) ) v. NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 08a0240n.06 Filed: No.

Shelby township district court