Brian Menge v. Khursheed Ash-Shafii

Type

Opinion

Author

Whitney Downs Hermandorfer

Filed

April 8, 2026

Case

Brian Menge v. Khursheed Ash-Shafii

Case status

Decided

The first passage of the document, as extracted by the source provider.

NOT RECOMMENDED FOR PUBLICATION File Name: 26a0160n.06 No. 25-1698 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Apr 08, 2026 ) BRIAN MENGE, KELLY L. STEPHENS, Clerk ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR ) THE EASTERN DISTRICT OF KHURSHEED ASH-SHAFII, ) MICHIGAN Defendant-Appellant. ) ) OPINION Before: GILMAN, KETHLEDGE, and HERMANDORFER, Circuit Judges. HERMANDORFER, Circuit Judge. Highland Park City Councilman Khursheed Ash- Shafii asserted during a City Council meeting that Brian Menge, a former detective, had previously stolen from the City’s forfeiture fund. According to Menge, that statement was false. So Menge sued Ash-Shafii under 42 U.S.C. § 1983 and Michigan law, asserting First Amendment retaliation and other claims. At the summary-judgment phase, the district court denied Ash-Shafii qualified immunity from the First Amendment retaliation claim. Because Ash-Shafii did not violate Menge’s clearly established First Amendment rights, we reverse. I Brian Menge joined the City of Highland Park Police Department in 2014 as a patrol officer. A few years into Menge’s tenure, one of Menge’s coworkers sued the City after th…

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