Niewolak v. CITY OF HIGHLAND PARK, MI et al, No. 2:2019cv13386 - Document 49 (E.D. Mich. 2022)

Court Description: ORDER granting in part and denying in part 30 Motion for Summary Judgment; granting in part and denying in part 33 Motion for Partial Summary Judgment. Signed by District Judge Terrence G. Berg. (AChu)

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Dockets.Justia.com MICHAEL NIEWOLAK SGT. KEATH BARTYNSKY, SGT. HEATHER HOLCOMB, LT. EDWARDS, 2:19-CV-13386-TGB ORDER GRANTING IN PART, DENYING IN PART PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING IN PART, DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Niewolak v. CITY OF HIGHLAND PARK, MI et al Doc. 49 GRANT IN PART DENY IN PART GRANT IN PART, DENY IN PART I. BACKGROUND Id Id Id. Id Id Monell Monell II. LEGAL STANDARD Villegas v. Metro. Gov't of Nashville see also See Anderson v. Liberty Lobby, Inc. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp. Redding v. St. Eward Celotex Corp. v. Catrett Matsushita . See Everson v. Leis Street v. J.C. Bradford & Co., In re Morris See Anderson Scott v. Harris III. DISCUSSION A. Qualified Immunity Maben v. Thelen District of Columbia v. Wesby Kent v. Oakland Cty. Anderson v. Creighton Howse v. Hodous Wesby Id. Niewolak v. City of Highland Park, Id City of Battle Creek B. Unreasonable Search and Seizure (Count I) Courtright v. Id. Id Terry v. Ohio Brooks v. Rothe Devenpeck v. Alford Gardenhire v. Schubert Brooks Terry United States v. Bentley, Terry Barrera v. City of Mount Pleasan Terry Barrera, Hiibel v. Sixth Jud. Dist. Ct. of Nevada, Humboldt Cnty Hiibel a. Reasonable suspicion did not exist to question Niewolak. Terry Alabama v. White, Florida v. J.L v. Maurer see also Williams Hiibel Brown v. Texas, United States v. Beauchamp Family Serv. Ass’n ex rel. Coil v. Wells Twp Wilkerson v. City of Akron Jones v. City of Elyria Family Serv. Ass’n Terry Papachristou v. City of Jacksonville, Navarette v. California, United States v. Cortez See United States v. Johnson, Family Serv. Ass’n, Terry i. Defendant Bartynski is not entitled to qualified immunity. Id Id Id Id Id See Anderson v. Creighton McLeod v. Bender Fowler v. Burns Terry ii. Defendants Holcomb and Edwards are entitled to summary judgment on Niewolak’s unreasonable search and seizure claims. C. Excessive Force (Count II) Neague v. Cynkar McCaig v. Raber Graham v. Connor Pershell v. Cook Graham v. Connor a. Defendant Bartynski is not entitled to qualified immunity with respect to Niewolak’s excessive force claim during Plaintiff’s arrest. any Sebright v. City of Rockford Graham Jones v. Parmley Est. of Sowards v. City of Trenton Bodine v. Warwick Graham i. Severity of the Crime ii. Immediate Threat See, e.g., Brown v. City of Grand Rapids, Michigan See, e.g., Smith v. Ball State Univ See, e.g., Carpenter v. Bowling iii. Active Resistance See Goodwin v. City of Painesville, Jackson v. Washtenaw Cnty., 678 F. App'x Bennett v. Young Kent v. Oakland Cnty Eldridge v. City of Warren b. Id. Defendant Officers are not entitled to qualified immunity for excessively tight handcuffing. Id Ashcroft v. Iqbal Shehee v. Luttrell McGrew v. Duncan Lyons v. City of Xenia Jackson v. Lubelan Courtright Morrison v. Bd. of Trs. Baynes v. Cleland id. see Baynes v. Cleland see also Kostrzewa v. City of Troy See also Courtright D. False Arrest and Imprisonment against all Defendants (Count IV) Moore v. Detroit a. Bartynski is not entitled to governmental immunity. Odom v. Wayne County Ross v. Consumers Power Co. Id. Ross Odom Odom Id. Id. Id b. Defendants Holcomb and Edwards are entitled to governmental immunity. E. Intentional Infliction of Emotional Distress (V) Graham v Ford, F. Assault and Battery (Count VI) VanVorous v. Burmeister Espinoza v. Thomas, Id CONCLUSION GRANTED IN PART, DENIED IN PART GRANTED IN PART, and DENIED IN PART GRANTED DENIED GRANTED DENIED DENIED GRANTED; DENIED GRANTED DENIED DENIED GRANTED IT IS SO ORDERED.

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