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*The Honorable James S. Gwin, United States District Judge for the Northern District of
Ohio, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 05a0609n.06
Filed: July 19, 2005
No. 04-3419
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
GRADUAL TAYLOR,
Plaintiff-Appellee,
v.
CHERYL HART,
Defendant-Appellant,
CITY OF CINCINNATI POLICE,
Defendant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF OHIO
Before: MOORE and COOK, Circuit Judges; GWIN,* District Judge.
PER CURIAM. Finding that Gradual Taylor, proceeding pro se, sufficiently alleged
facts—arrest and prosecution without probable cause based on the purposeful and malicious filing
of a false police report—that, when viewed in a light most favorable to him, make out a Fourth
Amendment violation by Officer Hart and obviate her entitlement to qualified immunity (regardless
of the fine contours of such a claim in this circuit at the time of the maliciously false report), we
affirm the judgment of the district court and remand for further proceedings.
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