Anthony Wynn v. City of Covington, Ky.

── Anthony Wynn v. City of Covington, Ky. ── Court: Court of Appeals for the Sixth Circuit Date: April 08, 2026 Category: General NOT RECOMMENDED FOR PUBLICATION File Name: 26a0159n.06 Case No. 25-5617 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Apr 08, 2026 ) KELLY L. STEPHENS, Clerk ANTHONY WYNN, et al. ) Plaintiffs - Appellants, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR ) THE EASTERN DISTRICT OF CITY OF COVINGTON, KENTUCKY, et al. ) KENTUCKY Defendants - Appellees. ) ) OPINION Before: SUTTON, Chief Judge; STRANCH and RITZ, Circuit Judges. SUTTON, C.J., delivered the opinion of the court in which STRANCH and RITZ, JJ., joined. STRANCH, J. (pp. 8–9), delivered a separate concurring opinion. SUTTON, Chief Judge. Anthony Wynn sued the City of Covington and members of its police department for violating his rights under federal and state law. The district court rejected all of his claims as a matter of law, and we affirmed. The district court on remand granted attorney’s fees to the defendants, see 42 U.S.C. § 1988; 28 U.S.C. § 1927, based on several frivolous arguments raised in the action. Seeing no abuse of discretion, we affirm. I. The underlying case arises from a series of interactions between Wynn and the Covington police department. On January 1, 2021, Covington police officers responded to reports of a domestic dispute at an apartment. Wynn, then present at the home, refused to cooperate with the No. 25-5617, Wynn et al. v. City of Covington et al. bvofficers’ instructions and resisted arrest. That led to a scuffle, which ended when an officer forced Wynn to the ground. The officers arrested Wynn for menacing and disorderly conduct. Two weeks later, Wynn had another encounter with Covington police officers. An officer pulled over a car for traffic infractions and asked the driver and passengers for identification. Wynn, a passenger, did not immediately identify himself. The officer told Wynn that he could be cited for not wearing a seatbelt. Wynn then identified himself as Ronnie Wynn, the name of his brother. That maneuver backfired when a database check for “Ronnie Wynn” revealed that he had an outstanding warrant, prompting the officer to return to the car with backup. The officers asked Wynn to exit the vehicle. Wynn exited, but refused to turn his body to place his hands on the vehicle when asked. Another altercation with the officers ensued, and it too ended with Wynn on the ground. After the officers placed Wynn in handcuffs, they stood him back up and moved to handle the rest of the vehicle occupants. Wynn, still handcuffed, tried to break away. The officers tackled him to the ground and charged him with disorderly conduct, intoxication, assault, and resisting arrest. Wynn filed a lawsuit against the City of Covington and members of its police department (collectively, the Department) under § 1983 and state law, alleging various federal constitutional and state-tort claims. The Department moved to dismiss some of Wynn’s claims as time barred, and the district court granted the motion. After discovery on the remaining claims, the Department moved for summary judgment, which the district court granted. Wynn appealed, and we affirmed. Wynn v. City of Co