Filed Date: June 2, 2010
Closed Date: 2012
Clearinghouse coding complete
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.
Summary Authors
Blase Kearney (7/2/2012)
Letten v. Hall, Eastern District of Michigan (2010)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5130834/parties/anderson-v-peoples/
Cohn, Avern Levin (Michigan)
Hluchaniuk, Michael J. (Michigan)
Korobkin, Daniel S. (Michigan)
Moss, Kary L. (Michigan)
Mills, Jane K. (Michigan)
Cohn, Avern Levin (Michigan)
Hluchaniuk, Michael J. (Michigan)
O'Meara, John Corbett (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/5130834/anderson-v-peoples/
Last updated Feb. 9, 2024, 3:25 a.m.
State / Territory: Michigan
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: June 2, 2010
Closing Date: 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A person legally parked on the side of the road in Downtown Detroit.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City of Detroit (Detroit, Wayne), City
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Amount Defendant Pays: 20000
Order Duration: 2011 - 2012
Content of Injunction:
Other requirements regarding hiring, promotion, retention
Implement complaint/dispute resolution process
Issues
General:
Incident/accident reporting & investigations
Policing:
Inadequate citizen complaint investigations and procedures
Affected Sex or Gender: