The plaintiff was detained by police following reports of an individual with a gun riding an ATV near an old amusement park. The plaintiff appeared to be fleeing police on his ATV when he turned into a parking lot. After dismounting the ATV, the plaintiff was placed on the ground and handcuffed. A firearm was then discovered. After a brief investigation, it was determined that the plaintiff was not the individual sought by police. Although he was initially cited, the charges against him were withdrawn. The plaintiff sued multiple police officers and police departments for alleged violations of his constitutional rights to “freedom from use of excessive, unreasonable and unjustified force against his person, the right to be free from malicious prosecution, the right to be free from false arrest and the right to due process of law.” Initially, a successful motion to dismiss was filed, and our client, one of several police departments, was dismissed. Following the close of discovery, a motion for summary judgment was filed on behalf of our remaining client, a police officer. Because there were no facts in the record to show that our client was involved in the arrest, plaintiff’s counsel conceded the motion could not be opposed, and our client was dismissed from the action, with prejudice.