Case: Letten v. Hall

2:10-cv-12182 | U.S. District Court for the Eastern District of Michigan

Filed Date: June 2, 2010

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On June 2, 2010, plaintiff, an animal rights activist, filed this action under 42 U.S.C. § 1983 against the City of Detroit in the United States Court for the Eastern District of Michigan, Southern Division. The plaintiff, represented by the American Civil Liberties Union of Michigan (ACLU) asked the court for declaratory, injunctive, and compensatory damages for violation of the plaintiff's constitutional rights. Specifically, the plaintiff claimed that a misdemeanor citation for leafleting o…

On June 2, 2010, plaintiff, an animal rights activist, filed this action under 42 U.S.C. § 1983 against the City of Detroit in the United States Court for the Eastern District of Michigan, Southern Division. The plaintiff, represented by the American Civil Liberties Union of Michigan (ACLU) asked the court for declaratory, injunctive, and compensatory damages for violation of the plaintiff's constitutional rights. Specifically, the plaintiff claimed that a misdemeanor citation for leafleting outside a concert was a violation of his First, Fourth, and Fourteenth Amendment rights.

On July 31, 2009, Plaintiff, an animal rights activist, in conjunction with others, decided to distribute leaflets outside of the Warped Tour at Comerica Park in downtown Detroit. After successfully distributing literature for two hours, plaintiff was approached by a Detroit Police Officer, who informed him that he required a permit to distribute the leaflets. The plaintiff asked for the city ordinance that made it a crime to distribute without a license, but the officer would not provide one. The officer detained the plaintiff and issued the plaintiff a misdemeanor citation for distribution leaflets without a license.

Plaintiff argued that distributing noncommercial leaflets is not a crime, and furthermore constitutes protected speech under the First Amendment. He was charged with unlawfully distributing commercial leaflets and operation of a business on a public sidewalk. Plaintiff was required to pay a $500 bond.

On November 19, 2009, the charges were dismissed shortly after being filed, with prejudice. Plaintiff brought this action for compensatory, injunctive, and declaratory relief as a result of that experience.

On August 11, 2011, the Court (Judge Avern Cohn) entered an order of dismissal, noting that the parties had settled the case.

On December 6, 2011, plaintiff filed a Motion to Enforce the Settlement Agreement, Impose Sanctions, and Award Attorney's fees. The plaintiff alleged that after the case had settled in August, and the Order of Dismissal had been entered, the Defendant city refused to sign the Settlement Agreement and caused extraordinary delay.

On December 19, 2011, the City signed the Settlement Agreement, agreeing to compensate plaintiff (another similar case had been consolidated with the original plaintiff's) for injury, and pay attorney's fees in the amount of $20,000. The City also agreed to issue training directives on First Amendment rights, Retaliation, and Loitering, to be read to every shift every day for a week, and once a week for six months thereafter. It also agreed to alter its policy of allowing complaints regarding police conduct to be filed even when charges are pending against the complainant. Lastly, the City agreed to make available literature regarding the complaint process available on its website, in its precincts, and accompanying the complaint forms.

On March 14, 2012, the Court entered a stipulated order of voluntary dismissal with prejudice, closing the case. We have no further information about the City's compliance with the Settlement Agreement.

Summary Authors

Blase Kearney (5/30/2012)

Related Cases

Anderson v. Peoples, Eastern District of Michigan (2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12900638/parties/letten-v-hall/


Judge(s)

Cohn, Avern Levin (Michigan)

Morgan, Virginia M. (Michigan)

Attorney for Plaintiff

Korobkin, Daniel S. (Michigan)

Moss, Kary L. (Michigan)

Attorney for Defendant

Mills, Jane K. (Michigan)

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Documents in the Clearinghouse

Document

2:10-cv-12182

Docket [PACER]

March 14, 2012

March 14, 2012

Docket
1

2:10-cv-12182

Complaint

June 2, 2010

June 2, 2010

Complaint
23

2:10-cv-12182

Plaintiffs' Motion to Enforce Settlement Agreement, Impose Sanctions, and Award Attorney's Fees

Dec. 6, 2011

Dec. 6, 2011

Pleading / Motion / Brief
28-2

2:10-cv-12182

Settlement Agreement

Dec. 19, 2011

Dec. 19, 2011

Settlement Agreement
31

2:10-cv-12182

Stipulated Order of Voluntary Dismissal with Prejudice

March 14, 2012

March 14, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12900638/letten-v-hall/

Last updated Feb. 6, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Phillip Letten against Scott Hall with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-2492291 - Fee: $ 350. County of 1st Plaintiff: Livingston - County Where Action Arose: Wayne - [Previously dismissed case: No] [Possible companion case(s): None] (Rossman, Jessie) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

Clearinghouse
2

SUMMONS Issued for *Scott Hall* (BSoc) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (BSoc)

June 3, 2010

June 3, 2010

PACER
3

NOTICE of Appearance by Daniel S. Korobkin on behalf of Phillip Letten. (Korobkin, Daniel) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

PACER
4

NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

PACER
5

CERTIFICATE of Service/Summons Returned Executed. Scott Hall served on 6/18/2010, answer due 7/9/2010. (Rossman, Jessie) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

PACER
6

ANSWER to Complaint with Affirmative Defenses with Jury Demand by Scott Hall. (Mills, Jane) (Entered: 07/26/2010)

July 26, 2010

July 26, 2010

PACER
7

NOTICE TO APPEAR: Status Conference set for 8/16/2010 11:00 AM before District Judge Avern Cohn (JOwe) (Entered: 07/26/2010)

July 26, 2010

July 26, 2010

PACER
8

NOTICE TO APPEAR: Status Conference RESET for 9/1/2010 11:30 AM before District Judge Avern Cohn (MWil) (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

PACER
9

NOTICE TO APPEAR: Status Conference reset for 9/7/2010 11:30 AM before District Judge Avern Cohn (MWil) (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

PACER

Minute Entry - Status Conference held on 9/7/2010 before District Judge Avern Cohn. (SJa)

Sept. 7, 2010

Sept. 7, 2010

PACER
10

NOTICE TO APPEAR: Status Conference set for 11/12/2010 02:00 PM before District Judge Avern Cohn (SJa) (Entered: 09/07/2010)

Sept. 7, 2010

Sept. 7, 2010

PACER

Minute Entry - Status Conference held on 11/12/2010 before District Judge Avern Cohn. (JOwe)

Nov. 12, 2010

Nov. 12, 2010

PACER
11

NOTICE TO APPEAR: Status Conference set for 1/18/2011 02:00 PM before District Judge Avern Cohn (JOwe) (Entered: 11/12/2010)

Nov. 12, 2010

Nov. 12, 2010

PACER
12

NOTICE TO APPEAR: Status Conference RESET for 2/3/2011 11:00 AM before District Judge Avern Cohn (JOwe) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER

Set Deadlines/Hearings: Status Conference RESET for 2/10/2011 10:30 AM before District Judge Avern Cohn (JOwe)

Jan. 14, 2011

Jan. 14, 2011

PACER

Minute Entry - Status Conference held on 2/10/2011 before District Judge Avern Cohn. (JOwe)

Feb. 10, 2011

Feb. 10, 2011

PACER
13

ORDER of Consolidation. Signed by District Judge Avern Cohn. (DWor) (Entered: 02/17/2011)

Feb. 17, 2011

Feb. 17, 2011

PACER
14

Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *2/17/11*. Designated lead case number is *10-12182*. (DWor) (Entered: 02/17/2011)

Feb. 17, 2011

Feb. 17, 2011

PACER
15

NOTICE TO APPEAR: Status Conference set for 3/29/2011 02:00 PM before District Judge Avern Cohn (JOwe) (Entered: 02/17/2011)

Feb. 17, 2011

Feb. 17, 2011

PACER

Minute Entry - Status Conference held on 3/29/2011 before District Judge Avern Cohn. (JOwe)

March 29, 2011

March 29, 2011

PACER
16

NOTICE TO APPEAR: Status Conference set for 5/3/2011 11:00 AM before District Judge Avern Cohn (JOwe) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

PACER
17

NOTICE TO APPEAR: Status Conference RESET for 5/17/2011 11:00 AM before District Judge Avern Cohn (JOwe) (Entered: 04/22/2011)

April 22, 2011

April 22, 2011

PACER
18

NOTICE of Withdrawal of Attorney Jessie J. Rossman by All Plaintiffs. (Rossman, Jessie) (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

PACER
19

NOTICE of Withdrawal of Attorney Jessie J. Rossman by All Plaintiffs. (Rossman, Jessie) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER
20

MOTION for Withdrawal of Attorney Jessie J. Rossman by All Plaintiffs. (Rossman, Jessie) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER

Minute Entry - Status Conference held on 5/17/2011 before District Judge Avern Cohn. (JOwe)

May 17, 2011

May 17, 2011

PACER
21

NOTICE TO APPEAR: Status Conference set for 6/28/2011 02:00 PM before District Judge Avern Cohn (JOwe) (Entered: 05/17/2011)

May 17, 2011

May 17, 2011

PACER

TEXT-ONLY NOTICE: Status Conference set for 06/28/2011 is Cancelled re 21 Notice to Appear (JOwe)

June 22, 2011

June 22, 2011

PACER

Set Deadlines/Hearings: Status Conference RESET for 8/9/2011 02:00 PM before District Judge Avern Cohn (JOwe)

June 22, 2011

June 22, 2011

PACER

Minute Entry - Status Conference held on 8/9/2011 before District Judge Avern Cohn. (JOwe)

Aug. 9, 2011

Aug. 9, 2011

PACER
22

ORDER. Signed by District Judge Avern Cohn. (JOwe) (Entered: 08/10/2011)

Aug. 10, 2011

Aug. 10, 2011

PACER
23

MOTION Enforce Settlement Agreement, MOTION for Sanctions, MOTION for Attorney Fees by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Korobkin Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J) (Korobkin, Daniel) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

Clearinghouse
24

NOTICE TO APPEAR: Status Conference re: 23 Plaintiffs' MOTION to Enforce Settlement Agreement, MOTION for Sanctions, MOTION for Attorney Fees set for 12/19/2011 11:30 AM before District Judge Avern Cohn (JOwe) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER

Minute Entry - Status Conference held on 12/19/2011 before District Judge Avern Cohn. (JOwe)

Dec. 19, 2011

Dec. 19, 2011

PACER
25

NOTICE of hearing on 23 MOTION Enforce Settlement Agreement MOTION for Sanctions MOTION for Attorney Fees. Motion Hearing set for 1/20/2012 02:00 PM before District Judge Avern Cohn (JOwe) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER

TEXT-ONLY NOTICE: Motion Hearing on 01/20/2012 is Cancelled re 25 Notice of Hearing on Motion (JOwe)

Jan. 17, 2012

Jan. 17, 2012

PACER
26

NOTICE of hearing on 23 MOTION Enforce Settlement Agreement MOTION for Sanctions MOTION for Attorney Fees. Motion Hearing RESET for 1/25/2012 02:00 PM before District Judge Avern Cohn (JOwe) (Entered: 01/17/2012)

Jan. 17, 2012

Jan. 17, 2012

PACER

TEXT-ONLY NOTICE: Hearing on 01/25/2012 is Cancelled re 26 Notice of Hearing on Motion (JOwe)

Jan. 18, 2012

Jan. 18, 2012

PACER
27

NOTICE of hearing on 23 MOTION Enforce Settlement Agreement MOTION for Sanctions MOTION for Attorney Fees. Motion Hearing RESET for 2/15/2012 02:00 PM before District Judge Avern Cohn (JOwe) (Entered: 01/18/2012)

Jan. 18, 2012

Jan. 18, 2012

PACER
28

SUPPLEMENTAL BRIEF re 23 MOTION Enforce Settlement Agreement MOTION for Sanctions MOTION for Attorney Fees and Request that Specific Persons Be Ordered to Appear on February 15, 2012 filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Steinberg Letter to Mills and Signed Settlement Agreement, # 3 Exhibit Korobkin Email to Zarembski Cole 1/11/2012, # 4 Exhibit Korobkin Email to Zarembski Cole 1/18/2012) (Korobkin, Daniel) (Entered: 02/09/2012)

Feb. 9, 2012

Feb. 9, 2012

PACER

Minute Entry - Motion Hearing held on 2/15/2012 re 23 MOTION Enforce Settlement Agreement MOTION for Sanctions MOTION for Attorney Fees filed by Phillip Letten, Ken Anderson before District Judge Avern Cohn. Disposition: to be continued in 30 days(Court Reporter Sheri Ward) (JOwe)

Feb. 15, 2012

Feb. 15, 2012

PACER
29

NOTICE of hearing on 23 MOTION Enforce Settlement Agreement MOTION for Sanctions MOTION for Attorney Fees. Motion Hearing continuation set for 3/29/2012 10:30 AM before District Judge Avern Cohn (JOwe) (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
30

NOTICE by All Plaintiffs of withdrawal of 23 MOTION Enforce Settlement Agreement MOTION for Sanctions MOTION for Attorney Fees. (Korobkin, Daniel) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER

TEXT-ONLY NOTICE: Motion Hearing on 03/29/2012 is Cancelled re 30 Notice to Withdraw Motion (JOwe)

March 14, 2012

March 14, 2012

PACER
31

STIPULATED ORDER of Voluntary Dismissal With Prejudice Signed by District Judge Avern Cohn. (JOwe) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 2, 2010

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An animal rights activist who distributed literature outside a concert

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Detroit (Detroit, Wayne), City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 20000

Order Duration: 2011 - 2012

Issues

Policing:

False arrest

Inadequate citizen complaint investigations and procedures