Court clears ex-Flint police chief in SUV lawsuit - WNEM TV 5

Court clears ex-Flint police chief in SUV lawsuit

FLINT, Mich. (AP) - A federal appeals court has cleared an ex-Flint police chief who handcuffed a man he suspected of impersonating an officer.

Sean O'Malley was handcuffed and placed in a police car in 2006 after then-Chief Gary Hagler saw him driving a Chevy Tahoe that had many features of a police vehicle. It turned out that O'Malley had purchased the SUV from the state police.

O'Malley was a security guard and had other problems that day. Warren police said there was a warrant for his arrest, but that was a mistake.

O'Malley sued Hagler, saying his rights were violated. But the appeals court says safety was a reason for Hagler to handcuff O'Malley, who had a gun in the vehicle. Judge Ronald Gilman disagreed, saying a jury should decide.

Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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