University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Anderson v. Peoples PN-MI-0006
Docket / Court 10-cv-12183 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Policing
Attorney Organization Michigan ACLU
Case Summary
On June 2, 2010, a man who was harassed by the police and issued a false citation filed suit under 42 U.S.C. § 1983 in the United States Court for the Eastern District of Michigan, Ann Arbor Division against the City of Detroit. The plaintiff, represented by the American Civil Liberties Union of ... read more >
On June 2, 2010, a man who was harassed by the police and issued a false citation filed suit under 42 U.S.C. § 1983 in the United States Court for the Eastern District of Michigan, Ann Arbor Division against the City of Detroit. The plaintiff, represented by the American Civil Liberties Union of Michigan, alleged violation of his First, Fourth, and Fourteenth Amendment rights, as well as claims under state law. Specifically, the plaintiff claimed that the Police Officer's harassment and issuing a citation for a fictious crime violated his constitutional rights.

On November 12, 2008, the plaintiff was in his car, which was legally parked in Downtown Detroit. The plaintiff routinely parked in this spot during the day, seeing as he was a homeless veteran, and his residence was closed during the day. The plaintiff was approached for apparently no reason by police officers who demanded identification. The police officers later claimed that the plaintiff was rude to them. They issued him a citation under City Ordinance 38-11-8 for "Loitering in a Known Narcotics Area." This was a fictious crime. The plaintiff complained at a Detroit Police Department precinct, but was rebuffed, and was unable to convince a judge to dismiss the charge.

The ACLU of Michigan entered an appearance on the plaintiff's behalf and eventually secured dismissal of the frivolous charge. The ACLU then sued on behalf of the plaintiff asking for compensatory, declaratory, and injunctive relief.

On February 8, 2011, the Court (Judge Corbett O'Meara) dismissed the state law claim, declining to exercise supplemental jurisdiction over the claim, which was largely cumulative with the plaintiff's Fourteenth Amendment Claim.

On February 17, 2011, the Court (Judge Avern Cohn) consolidated this case with a companion case filed simultaneously by the ACLU, (Letten v. Hall, 2:10-cv-12182-AC-VMM) because the cases contained similar questions of law. That case is also in our database (PN-MI-5: http://www.clearinghouse.net/detail.php?id=11981).

The case was eventually settled privately. The Settlement is posted here and at the page for Letten v. Hall. The case was closed on February 18, 2011.

Blase Kearney - 07/02/2012


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Due Process
Freedom of speech/association
Unreasonable search and seizure
Content of Injunction
Implement complaint/dispute resolution process
Other requirements regarding hiring, promotion, retention
Defendant-type
Law-enforcement
General
Failure to train
False arrest
Inadequate citizen complaint investigations and procedures
Incident/accident reporting & investigations
Over/Unlawful Detention
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) City of Detroit
Plaintiff Description A person legally parked on the side of the road in Downtown Detroit.
Indexed Lawyer Organizations Michigan ACLU
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration 2011 - 2012
Case Closing Year 2011
Case Ongoing No
Case Listing PN-MI-0005 : Letten v. Hall (E.D. Mich.)
Additional Resources
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Case Studies Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
Citation: Forthcoming, 87 Washington L. Rev. __ (2012).
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

Docket(s)
2:10-cv-12183-AC-MJH (E.D. Mich.) 02/17/2011
PN-MI-0006-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Jury Demand 06/02/2010
PN-MI-0006-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Partial Dismissal 02/08/2011 (E.D. Mich.)
PN-MI-0006-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Consolidation and Dismissal 02/17/2011 (E.D. Mich.)
PN-MI-0006-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 02/19/2011
PN-MI-0006-0004 PDF | Detail
Document Source:
Judges Cohn, Avern Levin (E.D. Mich.)
PN-MI-0006-0003 | PN-MI-0006-9000
Hluchaniuk, Michael J. (E.D. Mich.) [Magistrate]
PN-MI-0006-9000
O'Meara, John Corbett (E.D. Mich.)
PN-MI-0006-0002
Monitors/Masters None on record
Plaintiff's Lawyers Korobkin, Daniel S. (Michigan)
PN-MI-0006-0001 | PN-MI-0006-0004 | PN-MI-0006-9000
Moss, Kary L. (Michigan)
PN-MI-0006-0001
Rossman, Jessie J. (Michigan)
PN-MI-0006-0001 | PN-MI-0006-0004
Steinberg, Michael J. (Michigan)
PN-MI-0006-0001 | PN-MI-0006-9000
Defendant's Lawyers Mills, Jane K. (Michigan)
PN-MI-0006-9000
Other Lawyers None on record

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