1. Why do police officers receive any form of immunity from civil suit? 2. Why did the...

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1. Why do police officers receive any form of immunity from civil suit?
2. Why did the U.S. Court of Appeals conclude that Officer Miller should not receive qualified immunity?

Damon J. Keith, Circuit Judge.
Defendant Officer David Miller appeals the district court’s order denying his motion for summary judgment based on qualified immunity..
1. Background
a. Procedural
This lawsuit arises out of the arrest of Plaintiff Francine Solomon (“Solomon”). After she was arrested, Solomon filed a complaint against the Auburn Hills Police Department (“AHPD”) and Officer David Miller (“Officer Miller”) alleging violations of 42 U.S.C. § 1983, as well as state law claims for assault and battery and gross negligence. Solomon then filed a motion to amend her complaint, and both defendants moved for summary judgment..

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