Case: Thompson v. City of Flint

2:07-cv-11107 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 15, 2007

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On March 15, 2007, men and women who attended a music event at a nightclub in Flint, Michigan filed a class action lawsuit under 42 U.S.C § 1983 against the City of Flint Police Department and Genesee County Sheriff Department in U.S. District Court for the Eastern District of Michigan, Southern Division. The plaintiffs, represented by the American Civil Liberties Union of Michigan, asked the court for injunctive, declaratory, and monetary relief, alleging that police violated the plaintiff's r…

On March 15, 2007, men and women who attended a music event at a nightclub in Flint, Michigan filed a class action lawsuit under 42 U.S.C § 1983 against the City of Flint Police Department and Genesee County Sheriff Department in U.S. District Court for the Eastern District of Michigan, Southern Division. The plaintiffs, represented by the American Civil Liberties Union of Michigan, asked the court for injunctive, declaratory, and monetary relief, alleging that police violated the plaintiff's rights against unreasonable search and seizure and freedom of speech, association and assembly under the United States Constitution. Plaintiffs also claimed state law violations including false arrest and false imprisonment, unlawful strip search under MCL §764.25a, unlawful body cavity search under MCL§764.25b, assault and battery, and intentional infliction of emotional distress.

On March 19, 2005 the plaintiffs attended an electronic music event at a night club in Flint, MI. The Flint Police Department and Genesee County Sheriff's Department sent undercover officers to the event. Four patrons allegedly sold drugs to the officers. Subsequently, the police arrested all patrons in the club. The plaintiffs were detained, charged with a crime, strip searched, and in some cases subjected to body cavity searches, because of their presence at the club. Plaintiffs were charged with Frequenting a Disorderly House (Flint City Ordinance §31-11). On October 13, 2006, the Genesee County Circuit Court ruled there was no probable cause for the plaintiffs' arrests, and on January 9, 2007, the charges were dismissed with prejudice.

On April 6, 2007 the District Court (Judge Paul v. Gadola) declined to exercise supplemental jurisdiction over the state law claims and dismissed them without prejudice. The parties jointly sought reconsideration. On June 8, 2007 the District Court (Judge Gadola) vacated the order dismissing the state law claims. On September 4, 2008 the case was reassigned from District Judge Paul V. Gadola to District Judge Stephen J. Murphy, III.

On October 21, 2009 the parties reached a settlement agreement, which required the City of Flint to establish policies regarding strip searches and body cavity searches and to implement a training program for law enforcement officers regarding strip searches. On October 26, 2009 the plaintiffs filed a motion to certify the settlement class. On December 14, 2009, the District Court (Judge Stephen J. Murphy III) issued a consent decree approving the settlement agreement and settlement class. On February 23, 2010, the District Court (Judge Murphy) issued a stipulated order of dismissal with prejudice.

Summary Authors

Joe Reiter (3/17/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4852710/parties/thompson-v-flint-city-of/


Judge(s)

Gadola, Paul V. (Michigan)

Murphy, Stephen Joseph III (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Crane, Maureen M. (Michigan)

Ellias, Lauri R. (Michigan)

Gibbs, Gregory T. (Michigan)

Jacobs, Elizabeth L. (Michigan)

Korobkin, Daniel S. (Michigan)

Mogill, Kenneth M. (Michigan)

Pitt, Michael L. (Michigan)

Judge(s)

Gadola, Paul V. (Michigan)

Murphy, Stephen Joseph III (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Crane, Maureen M. (Michigan)

Ellias, Lauri R. (Michigan)

Gibbs, Gregory T. (Michigan)

Jacobs, Elizabeth L. (Michigan)

Korobkin, Daniel S. (Michigan)

Mogill, Kenneth M. (Michigan)

Pitt, Michael L. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Klemptner, Daniel A. (Michigan)

Morris, Gus G. (Michigan)

Reising, William H. (Michigan)

Young, Trachelle C. (Michigan)

Expert/Monitor/Master

Edmunds, Michael W. (Michigan)

Gilmer, D. Randall (Michigan)

Documents in the Clearinghouse

Document

2:07-cv-11107

Docket

Thompson v. Flint, City of

Feb. 23, 2010

Feb. 23, 2010

Docket
80

2:07-cv-11107

ORDER OF PARTIAL DISMISSAL WITHOUT PREJUDICE

Thompson v City of Flint

2007 WL 1101218, 2007 U.S.Dist.LEXIS 25716

April 6, 2007

April 6, 2007

Order/Opinion
17

2:07-cv-11107

UNOPPOSED MOTION FOR RECONSIDERATION OF THE COURT’S ORDER OF PARTIAL DISMISSAL WITHOUT PREJUDICE AND BRIEF IN SUPPORT OF MOTION

April 19, 2007

April 19, 2007

Pleading / Motion / Brief
28

2:07-cv-11107

ORDER

June 8, 2007

June 8, 2007

Order/Opinion
38

2:07-cv-11107

SECOND AMENDED COMPLAINT FOR DAMAGES, INJUNCTIVE, AND DECLARATORY RELIEF WITH RELIANCE ON JURY DEMAND

July 8, 2008

July 8, 2008

Complaint
44

2:07-cv-11107

NOTICE OF REASSIGNMENT

Sept. 4, 2008

Sept. 4, 2008

Order/Opinion
67

2:07-cv-11107

ORDER OF RECUSAL AND REASSIGNMENT

May 20, 2009

May 20, 2009

Order/Opinion

2:07-cv-11107

TERMS OF EQUITABLE RELIEF

No Court

Oct. 21, 2009

Oct. 21, 2009

Settlement Agreement
79

2:07-cv-11107

ORDER CERTIFYING SETTLEMENT CLASS, AND APPROVING SETTLEMENT, ATTORNEYS’ FEES AND COSTS, PLAN OF ALLOCATION, AND APPOINTMENT OF CLASS REPRESENTATIVE

Dec. 14, 2009

Dec. 14, 2009

Order/Opinion
80

2:07-cv-11107

STIPULATED ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE

Feb. 23, 2010

Feb. 23, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4852710/thompson-v-flint-city-of/

Last updated Aug. 5, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
8

(VACATED)ORDER OF PARTIAL DISMISSAL WITHOUT PREJUDICE re 1 Complaint (state law claims). Signed by Honorable Paul V Gadola. (RBri) Modified on 6/8/2007 (Brissaud, R.).

April 6, 2007

April 6, 2007

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Policing

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 15, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are men and women who attended an electronic music event at a night club in Flint, MI. They were detained, charged with a crime, strip searched, and in some cases body cavity searched, because of their presence at the club.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Flint (Flint, Genesee), City

Genesee County (Flint, Genesee), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably 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:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 900,000

Issues

General:

Excessive force

Failure to supervise

Failure to train

False arrest