Federal Judge Dismisses Combs Lawsuit Against Birmingham

The city of Birmingham will not have to further defend police officers' actions related to a rifle-toting teen's arrest last year in federal court.

A federal judge recently dismissed the multi-count lawsuit filed by Sean Combs, of Troy, alleging the city and three officers from the Birmingham Police Department violated his civil rights when they arrested him in April.

Officers arrested Combs, then 18, for openly carrying his loaded rifle through downtown Birmingham. A seven-member jury acquitted him of brandishing a firearm and disturbing the peace in July 2012. And a third charge of obstructing an officer was dismissed during trial due to lack of evidence. 

The incident sparked a publicity firestorm and a local and national debate over gun rights. He sued the city in October in Detroit federal court.

The city argued that the officers believed Combs was underage due to his youthful appearance and was in violation of Michigan’s state law, which states, “an individual less than 18 years of age shall not possess a firearm in public except under the direct supervision of an individual 18 years of age or older.”

City officials also justified the arrests by stating the officers acted after Combs refused to show his driver's license.

The Court found that under the totality of the circumstances, including Mr. Combs’ youthful appearance, the police officers’ requests for proof that Mr. Combs was 18 constituted a lawful command; and Mr. Combs’ refusal to provide such proof gave the police officers probable cause to arrest him for resisting, documents show.

The judge also dismissed Combs' additional claim of malicious prosecution for failing to show that the officers made, influenced, or participated in the decision to prosecute him.

Matthew Kolodziejski, Combs' attorney, could not be immediately reached for comment Thursday.

Do you believe the court made the right decision or were his civil rights violated? Tell us in the comments.