University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Weber v. City of Grand Rapids PN-MI-0008
Docket / Court 1:13-cv-0469-PLM ( W.D. Mich. )
State/Territory Michigan
Case Type(s) Policing
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
ACLU of Michigan
Case Summary
On May 1, 2013, two men who were arrested for trespassing on property open to the public filed this lawsuit in the U.S. District Court for the Western District of Michigan. The plaintiffs sued the city of Grand Rapids, its chief of police, and two individual officers, alleging violations of the ... read more >
On May 1, 2013, two men who were arrested for trespassing on property open to the public filed this lawsuit in the U.S. District Court for the Western District of Michigan. The plaintiffs sued the city of Grand Rapids, its chief of police, and two individual officers, alleging violations of the Fourth Amendment. The plaintiffs, represented by the National and Michigan ACLU asked the court for declaratory judgment, injunctive relief, and damages.

According to the amended complaint, the Grand Rapids Police Department ("GRPD") had arrested individuals for trespassing based on a general letter of intent to prosecute trespassers that had been signed by over 800 businesses in Grand Rapids. The plaintiffs alleged they were arrested for trespassing while sitting in their vehicles in a business's parking lot, without any warning or complaint from the business itself. The plaintiffs claimed their arrests were without probable cause and therefore in violation of the Fourth Amendment.

On August 4, 2014, the court (Judge Paul L. Maloney) dismissed the claims one of the plaintiffs against the defendants according to the parties' stipulation. However, the other plaintiffs' claims remained.

Prior to the trial, the defendants and the plaintiffs both moved for summary judgment. As of February 26, 2016, the trial has been postponed pending the resolution of multiple motions made by both the defendants and the plaintiffs.

David Postel - 10/20/2013
Jessica Kincaid - 02/27/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Unreasonable search and seizure
Defendant-type
Law-enforcement
General
Failure to discipline
Failure to supervise
Failure to train
Over/Unlawful Detention
Pattern or Practice
Search policies
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. ยง 1983
Defendant(s) City of Grand Rapids
Plaintiff Description Two individuals who were arrested for criminal trespass at business open to the public without having committed a crime or been asked to leave.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
ACLU of Michigan
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  New York City to Pay Up to $75 Million Over Dismissed Summonses
New York Times
Date: Jan. 23, 2017
By: Benjamin Weiser (New York Times)
[ Detail ] [ External Link ]

  Bravo v. Board of Commissioners of Dona Ana County
http://www.bazelon.org/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
1:13-cv-00469 (W.D. Mich.)
PN-MI-0008-9000.pdf | Detail
Date: 08/03/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PN-MI-0008-0001.pdf | Detail
Date: 05/01/2013
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 5]
PN-MI-0008-0002.pdf | Detail
Date: 05/14/2013
Source: PACER [Public Access to Court Electronic Records]
Judges Maloney, Paul Lewis (W.D. Mich.)
PN-MI-0008-9000
Plaintiff's Lawyers Allen, Marc S. (Michigan)
PN-MI-0008-9000
Aukerman, Miriam (Michigan)
PN-MI-0008-0001 | PN-MI-0008-0002 | PN-MI-0008-9000
Kelly, Julia Anne (Michigan)
PN-MI-0008-9000
Steinberg, Michael J. (Michigan)
PN-MI-0008-0001 | PN-MI-0008-0002 | PN-MI-0008-9000
Waldman, Bryan J. (Michigan)
PN-MI-0008-0001 | PN-MI-0008-0002 | PN-MI-0008-9000
Williamson, Jason D. (New York)
PN-MI-0008-0001 | PN-MI-0008-0002 | PN-MI-0008-9000
Defendant's Lawyers Bloemers, Margaret P (Michigan)
PN-MI-0008-9000
Gruszka, Elliot J. (Michigan)
PN-MI-0008-9000
Lannen, Patrick J. (Michigan)
PN-MI-0008-9000
Poplar, Andre Lamar (Michigan)
PN-MI-0008-9000
Rewa, Kristen L. (Michigan)
PN-MI-0008-9000

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