(PORT SANILAC) -- A divided Michigan Supreme Court has thrown out a lawsuit against a Thumb community's police chief over an arrest at a beer tent. The court issued a 3-2 ruling Thursday saying that then-Port Sanilac Chief Rodney Jaskowski was immune to a civil suit when he arrested a drummer at a 2008 summer fundraiser for a volunteer fire department. Some people in the beer tent didn't like the music and the event's organizer called off the concert. Tom Petipren sued Jaskowski, saying the chief pushed him off the stage and arrested him. Lower courts said Jaskowski isn't entitled to immunity under Michigan law because he was acting as an officer, not a police administrator, but a high court majority says a chief has absolute immunity.