Constance v. Fraser Police Department of Public Safety, et al., No. 4:2017cv11813 - Document 58 (E.D. Mich. 2021)
Court Description: ORDER granting in part and denying in part 48 Motion for Summary Judgment. Signed by District Judge Terrence G. Berg. (AChu)
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Dockets.Justia.com GEORGE CONSTANCE, as guardian and conservator for Enzo Evangelista, Jr., CITY OF FRASER, et al., Constance v. Fraser Police Department of Public Safety, et al. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Doc. 58 GRANTED IN PART DENIED IN PART. I. BACKGROUND Id. Id. Id. Id. Id. Id. Id. see also Id. II. STANDARD OF REVIEW Villegas v. Metro. Gov't of Nashville See Anderson v. Liberty Lobby, Inc. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp. Redding v. St. Eward Celotex Corp. v. Catrett Matsushita Street v. J.C. Bradford & Co. In re Morris See Anderson III. ANALYSIS A. Fourteenth Amendment liability Graham v. Connor United States v. Lanier Aldini v. Johnson see also Graham, Gardenhire v. Schubert Tennessee v. Garner See, e.g., United States v. Pavelski B. Fourth Amendment liability for excessive force Graham Id. Id. Sigley v. City of Parma Heights Mullins v. Cyranek Untalan v. City of Lorain, Id. Latits v. Phillips i. Factor (1): seriousness of crime ii. Factor (2): immediate threat to safety Id. See Brosseau v. Haugen Plumhoff v. Rickard Scott v. Harris Scott Scott iii. Factor (3): whether suspect is actively resisting arrest or attempting to evade arrest by flight motivations iv. Liability of each officer Sigley 1. Officer Chojnowski Id. Cf. Williams v. City of Grosse Pointe Park Galas v. McKee 2. Officer Cheung 3. Officer McLaughlin Id. v. Qualified immunity Mullins, Sample see also Latits v. Phillips See, e.g. Sova v. City of Mt. Pleasant C. Monell liability against the City of Fraser Monell Burgess v. Fischer Id. see also Monell Jackson v. City of Cleveland Alman v. Reed Monell Id. Monell Hill v. McIntyre City of Canton, Ohio v. Harris Canton Canton, pattern See Connick v. Thompson D. State tort claims Ray v. Swager Mack v. City of Detroit Id. Odom v. Wayne Cty. Odom Id. Odom, See, e.g., Crehan v. State CONCLUSION GRANTED IN PART DENIED IN PART. Monell DISMISSED WITH PREJUDICE DISMISSED WITH PREJUDICE SO ORDERED
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