Case: Anderson v. Peoples

2:10-cv-12183 | 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, a man who was harassed by the police and issued a false citation filed suit under 42 U.S.C. § 1983 in the United States Court for the Eastern District of Michigan, Ann Arbor Division against the City of Detroit. The plaintiff, represented by the American Civil Liberties Union of Michigan, alleged violation of his First, Fourth, and Fourteenth Amendment rights, as well as claims under state law. Specifically, the plaintiff claimed that the Police Officer's harassment and issuing…

On June 2, 2010, a man who was harassed by the police and issued a false citation filed suit under 42 U.S.C. § 1983 in the United States Court for the Eastern District of Michigan, Ann Arbor Division against the City of Detroit. The plaintiff, represented by the American Civil Liberties Union of Michigan, alleged violation of his First, Fourth, and Fourteenth Amendment rights, as well as claims under state law. Specifically, the plaintiff claimed that the Police Officer's harassment and issuing a citation for a fictious crime violated his constitutional rights.

On November 12, 2008, the plaintiff was in his car, which was legally parked in Downtown Detroit. The plaintiff routinely parked in this spot during the day, seeing as he was a homeless veteran, and his residence was closed during the day. The plaintiff was approached for apparently no reason by police officers who demanded identification. The police officers later claimed that the plaintiff was rude to them. They issued him a citation under City Ordinance 38-11-8 for "Loitering in a Known Narcotics Area." This was a fictious crime. The plaintiff complained at a Detroit Police Department precinct, but was rebuffed, and was unable to convince a judge to dismiss the charge.

The ACLU of Michigan entered an appearance on the plaintiff's behalf and eventually secured dismissal of the frivolous charge. The ACLU then sued on behalf of the plaintiff asking for compensatory, declaratory, and injunctive relief.

On February 8, 2011, the Court (Judge Corbett O'Meara) dismissed the state law claim, declining to exercise supplemental jurisdiction over the claim, which was largely cumulative with the plaintiff's Fourteenth Amendment Claim.

On February 17, 2011, the Court (Judge Avern Cohn) consolidated this case with a companion case filed simultaneously by the ACLU, (Letten v. Hall, 2:10-cv-12182-AC-VMM) because the cases contained similar questions of law. That case is also in our database (PN-MI-5: http://www.clearinghouse.net/detail.php?id=11981).

The case was eventually settled privately. The Settlement is posted here and at the page for Letten v. Hall. The case was closed on February 18, 2011.

Summary Authors

Blase Kearney (7/2/2012)

Related Cases

Letten v. Hall, Eastern District of Michigan (2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5130834/parties/anderson-v-peoples/


Judge(s)

Cohn, Avern Levin (Michigan)

Hluchaniuk, Michael J. (Michigan)

O'Meara, John Corbett (Michigan)

Attorneys(s) for Plaintiff

Korobkin, Daniel S. (Michigan)

Moss, Kary L. (Michigan)

Rossman, Jessie J. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Mills, Jane K. (Michigan)

Judge(s)

Cohn, Avern Levin (Michigan)

Hluchaniuk, Michael J. (Michigan)

O'Meara, John Corbett (Michigan)

Attorneys(s) for Plaintiff

Korobkin, Daniel S. (Michigan)

Moss, Kary L. (Michigan)

Rossman, Jessie J. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Mills, Jane K. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 17, 2011 Docket
1

Complaint and Jury Demand

June 2, 2010 Complaint
9

Order of Partial Dismissal

Feb. 8, 2011 Order/Opinion
12

Order of Consolidation and Dismissal

Feb. 17, 2011 Order/Opinion

Settlement Agreement

Feb. 19, 2011 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5130834/anderson-v-peoples/

Last updated May 20, 2022, 2:32 a.m.

ECF Number Description Date Link
1

COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645−2492292 − Fee: $ 350. County of 1st Plaintiff: Wayne − County Where Action Arose: Wayne − [Previously dismissed case: No] [Possible companion case(s): None] (Korobkin, Daniel) (Entered: 06/02/2010)

June 2, 2010
9

ORDER of Partial Dismissal regarding Count V of 1 Complaint, filed by Ken Anderson. Signed by District Judge John Corbett O'Meara. (WBar)

Feb. 8, 2011 RECAP
2

SUMMONS Issued for *LaShawn Peoples* (LHac) (Entered: 06/03/2010)

June 3, 2010
3

NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 06/03/2010)

June 3, 2010
5

CERTIFICATE of Service/Summons Returned Executed. LaShawn Peoples served on 8/4/2010, answer due 8/25/2010. (Korobkin, Daniel) (Entered: 08/06/2010)

Aug. 6, 2010
6

ANSWER to Complaint with Affirmative Defenses with Jury Demand by LaShawn Peoples. (Mills, Jane)[DOCUMENT TITLE: RESERVATION OF RIGHT TO WITHDRAW DEFENSE AND/OR INDEMNIFICATION FOR DEFENDANT] Modified on 11/1/2010 (TMcg). (Entered: 10/24/2010)

Oct. 24, 2010
7

NOTICE of reassignment from District Judge John Feikens to District Judge John Corbett O'Meara pursuant to Administrative Order 10−AO−033. (SSch) (Entered: 11/24/2010)

Nov. 24, 2010
8

ORDER Vacating 4 Order Referring Pretrial Matters to Magistrate Judge. Signed by District Judge John Corbett O'Meara. (PPau) (Entered: 12/29/2010)

Dec. 29, 2010
10

NOTICE TO APPEAR: Scheduling Conference set for 2/23/2011 11:00 AM before District Judge John Corbett O'Meara, or file Rule 26(f) Plan. (WBar) (Entered: 02/08/2011)

Feb. 8, 2011
11

ORDER REASSIGNING CASE for Docket Efficiency from District Judge John Corbett O'Meara in Ann Arbor to District Judge Avern Cohn in Detroit. (SSch) (Entered: 02/17/2011)

Feb. 17, 2011
12

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

Feb. 17, 2011
13

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

State / Territory: Michigan

Case Type(s):

Policing

Key Dates

Filing Date: June 2, 2010

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A person legally parked on the side of the road in Downtown Detroit.

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

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 20000

Order Duration: 2011 - 2012

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Issues

General:

Failure to train

False arrest

Inadequate citizen complaint investigations and procedures

Incident/accident reporting & investigations

Over/Unlawful Detention

Pattern or Practice

Affected Gender:

Male