Case: Ingram v. County of Wayne

2:20-cv-10288 | U.S. District Court for the Eastern District of Michigan

Filed Date: Feb. 4, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 4, 2020, three Michigan residents whose vehicles were seized and impounded by police filed this putative class action lawsuit against Wayne County in the U.S. District Court for the Eastern District of Michigan. The plaintiffs, represented by the public interest organization Institute for Justice and private counsel, sued under 42 U.S.C. §1983; they contended that Wayne County's vehicle seizure policies and practices are unconstitutional. They sought declaratory, injunctive, and com…

On February 4, 2020, three Michigan residents whose vehicles were seized and impounded by police filed this putative class action lawsuit against Wayne County in the U.S. District Court for the Eastern District of Michigan. The plaintiffs, represented by the public interest organization Institute for Justice and private counsel, sued under 42 U.S.C. §1983; they contended that Wayne County's vehicle seizure policies and practices are unconstitutional. They sought declaratory, injunctive, and compensatory relief for violations of the 4th Amendment, the excessive fines clause of the 8th Amendment, and the Due Process and Equal Protection Clause of the 14th Amendment.

The complaint alleged that Wayne County's policies create incentives for "the seizure of property without probable cause" and are designed to "maximize revenue" rather than fight crime. Wayne County allegedly seized and impounded cars "based simply on their proximity to crimes" committed by someone other than the driver. Once confiscated, plaintiffs were allegedly forced to pay "arbitrary fees" or go through a lengthy nuisance-abatement proceeding without the opportunity to assert an "innocent owners" defense.

For the named plaintiff, her car was allegedly impounded because her boyfriend was suspected of engaging in prostitution-related activities. She alleged that her car was impounded twice merely because it was in proximity to prostitution and drug-related activities, and that she was ultimately forced to pay a flat redemption fee to reclaim her vehicle, without an opportunity to assert that she was not present or involved in the alleged activity that prompted the seizure. This process ultimately forced her to file for bankruptcy and lose her car.

The plaintiffs seek to certify a class of "persons who own a vehicle (or other property within a vehicle) that has been or will be seized by Defendant Wayne County on or after February 5, 2018 and before the date of class

certification, whether pursuant to Michigan’s Controlled Substances Act (MCL 333.7521, et seq.), the Public Nuisances chapter of the Revised Judicature Act of 1961 (MCL 600.3801, et seq.), or the so-called Omnibus Forfeiture Act (MCL 600.4701, et seq.)," as well as a subclass of individuals who had their vehicles so seized when they were not present or present but not suspected of any wrongdoing.

The defendants moved to dismiss the complaint on March 12, 2020. They argued that the named plaintiff lacked standing and suffered no constitutional violation because she waived any challenge to the seizure of her property. Further, they contended that there was probable cause - the car was suspected of being connected to prostitution-related activities - to seize her vehicle, and that therefore she had no legal claim.

On May 1, 2020, the plaintiffs amended their complaint to specify that the police did not have probable cause to suspect any prostitution-related activities. Additionally, the amended complaint added an new plaintiff to the lawsuit and greater detail about Wayne County's alleged unconstitutional processes and their impact on the defendants.

As of May 31, 2020, the case is ongoing with Judge Arthur J. Tarnow presiding.

Summary Authors

Graham Rotenberg (5/31/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16804911/parties/ingram-v-county-of-wayne/


Judge(s)

Stafford, Elizabeth A. (Michigan)

Tarnow, Arthur J. (Michigan)

Attorneys(s) for Plaintiff

Cavanaugh, Jaimie N (Minnesota)

Hottot, Wesley (Washington)

Morris, Barton W Jr (Michigan)

West, Kirby Thomas (Virginia)

Attorneys(s) for Defendant

Stella, Davidde Alessandro (Michigan)

Judge(s)

Stafford, Elizabeth A. (Michigan)

Tarnow, Arthur J. (Michigan)

Attorneys(s) for Plaintiff

Cavanaugh, Jaimie N (Minnesota)

Hottot, Wesley (Washington)

Morris, Barton W Jr (Michigan)

West, Kirby Thomas (Virginia)

Attorneys(s) for Defendant

Stella, Davidde Alessandro (Michigan)

Documents in the Clearinghouse

Document

2:20-cv-10288

Docket

May 27, 2020

May 27, 2020

Docket
1

2:20-cv-10288

Class Action Complaint

Feb. 4, 2020

Feb. 4, 2020

Complaint
12

2:20-cv-10288

First Amended Complaint

May 11, 2020

May 11, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16804911/ingram-v-county-of-wayne/

Last updated Jan. 19, 2023, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

Civil Case - Complaint

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

Feb. 5, 2020

Feb. 5, 2020

PACER
2

SUMMONS Issued for *County of Wayne* (NAhm) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

3

Notice - Other

Feb. 5, 2020

Feb. 5, 2020

PACER
4

Appearance

Feb. 5, 2020

Feb. 5, 2020

PACER
5

Appearance

Feb. 5, 2020

Feb. 5, 2020

PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

Feb. 5, 2020

Feb. 5, 2020

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (NAhm) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

6

CERTIFICATE of Service/Summons Returned Executed. County of Wayne served on 2/6/2020, answer due 2/27/2020. (Hottot, Wesley) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

7

Stipulation and Order

Feb. 27, 2020

Feb. 27, 2020

PACER
8

Dismiss

1 Index of Exhibits List of Exhibits

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2 Exhibit 1-11.20.2018

View on PACER

3 Exhibit 2-Misdemeanor Citation

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4 Exhibit 3-Docket

View on PACER

5 Exhibit 4-Citation

View on PACER

6 Exhibit 5-2018 Seizure Form

View on PACER

7 Exhibit 6-Excerpt of Policy

View on PACER

8 Exhibit 7-2018 Agreement

View on PACER

9 Exhibit 8-Bankruptcy Docket

View on PACER

10 Exhibit 9-Excerpt of Schedules

View on PACER

11 Exhibit 10-6.17.2019 Report

View on PACER

12 Exhibit 11-2019 Seizure Form

View on PACER

13 Exhibit 12-7.23.2019 Order

View on PACER

14 Exhibit 13-9.18.2019 Order

View on PACER

15 Exhibit 14-Excerpt of Schedules

View on PACER

16 Exhibit 15-Complaint

View on PACER

17 Exhibit 16-Answers

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18 Exhibit 17-11.20.2019 Order

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19 Exhibit 18-11.27.2019 Motion

View on PACER

20 Exhibit 19-12.20.2019 Order

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21 Exhibit 20-1.14.2020 Order

View on PACER

March 12, 2020

March 12, 2020

PACER
9

Stay

1 Exhibit 1 Forfiture Form

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2 Exhibit 2 Release Letter

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3 Exhibit 3 36th District Court Register of Action

View on PACER

March 12, 2020

March 12, 2020

PACER
10

Extension of Time to File Response/Reply

March 23, 2020

March 23, 2020

PACER

~Util - Terminate Motions

March 23, 2020

March 23, 2020

PACER

Text-Only Order

March 23, 2020

March 23, 2020

PACER
11

Appearance

April 13, 2020

April 13, 2020

PACER
12

Civil Case - Complaint, Amended

1 Index of Exhibits

View on PACER

2 Exhibit A

View on RECAP

3 Exhibit B

View on RECAP

4 Exhibit C

View on RECAP

5 Exhibit D

View on RECAP

6 Exhibit E

View on PACER

7 Exhibit F

View on PACER

8 Exhibit G

View on PACER

May 11, 2020

May 11, 2020

PACER
13

Response to Motion

May 11, 2020

May 11, 2020

PACER
14

Notice - Other

May 11, 2020

May 11, 2020

PACER
15

Appear*

May 19, 2020

May 19, 2020

PACER
16

Requiring Responsive Pleading* AND Stipulation and Order

May 22, 2020

May 22, 2020

PACER
17

Requiring Responsive Pleading* AND Stipulation and Order

June 18, 2020

June 18, 2020

PACER
18

Motion - Free

1 Index of Exhibits

View on PACER

2 Exhibit 1/17/19 Report

View on PACER

3 Exhibit 1/17/19 Notice

View on PACER

4 Exhibit Declaration of Sinah Hamdan

View on PACER

5 Exhibit 6/24/19 Report

View on PACER

6 Exhibit 6/24/19 Notice

View on PACER

7 Exhibit Complaint in People v. One 2006 Saturn Ion

View on PACER

8 Exhibit Docket in People v. One 2006 Saturn Ion

View on PACER

9 Exhibit Proof of Service of the Complaint

View on PACER

10 Exhibit 10/24/19 Order of the Wayne County Circuit Court

View on PACER

11 Exhibit 1/2/20 Order of the Wayne County Circuit Court

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12 Exhibit 1/28/20 Order of the Wayne County Circuit Court

View on PACER

13 Exhibit Motion & Brief for Summary Disposition

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14 Exhibit Appearance of Barton Morris

View on PACER

15 Exhibit Motion for Leave to File an Answer

View on PACER

16 Exhibit Proposed Answer

View on PACER

July 1, 2020

July 1, 2020

PACER
19

Motion - Free

1 Index of Exhibits

View on PACER

2 Exhibit 7/26/19 Notice

View on PACER

3 Exhibit Declaration of Assistant Prosecuting Attorney Charles Davis

View on PACER

4 Exhibit Declaration of Cheryl Puckett

View on PACER

5 Exhibit Declaration of Assistant Prosecuting Attorney Dennis Doherty

View on PACER

6 Exhibit 2/5/20 Correspondence

View on PACER

7 Exhibit 36th District Court Docket

View on PACER

July 1, 2020

July 1, 2020

PACER
20

Motion - Free

1 Index of Exhibits

View on PACER

2 Exhibit 11/20/18 Report

View on PACER

3 Exhibit Misdemeanor Citation

View on PACER

4 Exhibit Docket.

View on PACER

5 Exhibit Citation

View on PACER

6 Exhibit 2018 Seizure Form

View on PACER

7 Exhibit Excerpt of Policy

View on PACER

8 Exhibit 2018 Agreement

View on PACER

9 Exhibit Bankruptcy Docket

View on PACER

10 Exhibit Excerpt of Schedules

View on PACER

11 Exhibit 6/17/19 Report

View on PACER

12 Exhibit 2019 Seizure Form

View on PACER

13 Exhibit 7/23/19 Order

View on PACER

14 Exhibit 9/18/19 Order

View on PACER

15 Exhibit Excerpt of Schedules

View on PACER

16 Exhibit Complaint

View on PACER

17 Exhibit Answers

View on PACER

18 Exhibit 11/20/19 Order

View on PACER

19 Exhibit 11/27/19 Motion

View on PACER

20 Exhibit 12/20/19 Order

View on PACER

21 Exhibit 1/14/20 Order

View on PACER

22 Exhibit Bankruptcy - Order For Voluntary Dismissal Of Case

View on PACER

July 1, 2020

July 1, 2020

PACER
21

Certify Class

1 Index of Exhibits

View on PACER

2 Exhibit Declaration of Melisa Ingram

View on PACER

3 Exhibit Declaration of Stephanie Wilson

View on PACER

4 Exhibit Declaration of Jaimie Cavanaugh

View on PACER

5 Index of Exhibits

View on PACER

6 Exhibit 1, Docket, People v. 2007 Saturn Outlook

View on PACER

7 Exhibit 2, Wayne Cty Vehicle Seizure Procedures

View on PACER

8 Exhibit 3, Wong deposition

View on PACER

9 Exhibit 4, Leverette deposition

View on PACER

10 Exhibit 5, Mahler deposition

View on PACER

July 13, 2020

July 13, 2020

PACER
22

Requiring Responsive Pleading* AND Stipulation and Order

July 18, 2020

July 18, 2020

PACER
23

Adjourn

July 22, 2020

July 22, 2020

PACER
24

Stipulation and Order

July 24, 2020

July 24, 2020

PACER
25

Response to Motion

1 Exhibit Settlement Proposal

View on PACER

July 29, 2020

July 29, 2020

PACER
26

Requiring Responsive Pleading* AND Stipulation and Order

July 30, 2020

July 30, 2020

PACER
27

Reply to Response to Motion

Aug. 5, 2020

Aug. 5, 2020

PACER
28

Strike

Aug. 5, 2020

Aug. 5, 2020

PACER
29

Response to Motion

Aug. 6, 2020

Aug. 6, 2020

PACER
30

Motion - Free

Aug. 6, 2020

Aug. 6, 2020

PACER
31

Response to Motion

Aug. 12, 2020

Aug. 12, 2020

PACER
32

Reply to Response to Motion

Aug. 19, 2020

Aug. 19, 2020

PACER
33

Response to Motion

Aug. 19, 2020

Aug. 19, 2020

PACER
34

Reply to Response to Motion

Aug. 19, 2020

Aug. 19, 2020

PACER
35

Reply to Response to Motion

Aug. 19, 2020

Aug. 19, 2020

PACER
36

Reply to Response to Motion

Aug. 19, 2020

Aug. 19, 2020

PACER
37

Reply to Response to Motion

Aug. 26, 2020

Aug. 26, 2020

PACER
38

Requiring Responsive Pleading* AND Stipulation and Order

Sept. 4, 2020

Sept. 4, 2020

PACER
39

~Util - Set Deadlines/Hearings AND Stipulation and Order

Sept. 14, 2020

Sept. 14, 2020

PACER
40

Supplemental Brief

1 Exhibit Moody Declaration

View on PACER

Sept. 25, 2020

Sept. 25, 2020

PACER
41

Supplemental Brief

1 Exhibit Nichols v. Wayne Cty Slip Op.

View on PACER

Oct. 2, 2020

Oct. 2, 2020

RECAP
42

Stipulation and Order

Oct. 15, 2020

Oct. 15, 2020

RECAP
43

Hearing on Motion*

Oct. 22, 2020

Oct. 22, 2020

PACER
45

Notice - Other

1 Nichols Order

View on PACER

Nov. 24, 2020

Nov. 24, 2020

PACER
46

Stipulation and Order

Dec. 4, 2020

Dec. 4, 2020

RECAP
47

Notice - Other

Feb. 8, 2021

Feb. 8, 2021

PACER
48

Notice - Other

March 5, 2021

March 5, 2021

PACER
49

Order on Motion to Stay AND Order on Motion to Dismiss

April 1, 2021

April 1, 2021

RECAP
50

Notice - Other

April 29, 2021

April 29, 2021

PACER
51

Response - Free

May 6, 2021

May 6, 2021

PACER
52

Notice - Other

May 13, 2021

May 13, 2021

PACER
53

Response - Free

May 20, 2021

May 20, 2021

RECAP
54

ORDER granting 18 Motion to Abstain on the Claims Asserted by Plaintiff Stephanie Wilson; granting in part and denying in part 19 Motion to Abstain or Stay, or in the Alternative, Motion to Dismiss ; granting in part and denying in part 20 Motion to Dismiss, or in the alternative, Motion for Summary Judgment; Adjourning 21 Motion to Certify Class; granting 23 Motion to Adjourn; granting 28 Motion to Strike and denying as moot 30 Motion for Leave to Conduct Discovery. Signed by District Judge Arthur J. Tarnow. (MLan)

Sept. 30, 2021

Sept. 30, 2021

RECAP
55

Reconsideration

Oct. 14, 2021

Oct. 14, 2021

PACER
56

Reconsideration

Oct. 14, 2021

Oct. 14, 2021

PACER
57

Reconsideration

Oct. 14, 2021

Oct. 14, 2021

PACER
58

Notice - Other

Jan. 26, 2022

Jan. 26, 2022

PACER

Text-Only Reassignment Pursuant to Administrative Order

Feb. 16, 2022

Feb. 16, 2022

PACER
59

Appear*

Feb. 17, 2022

Feb. 17, 2022

PACER
60

Notice - Other

March 23, 2022

March 23, 2022

PACER
61

Appeal Order/Opinion/Judgment

March 31, 2022

March 31, 2022

PACER
62

Appeal Order/Opinion/Judgment

March 31, 2022

March 31, 2022

PACER
63

Notice of Interlocutory Appeal

April 5, 2022

April 5, 2022

PACER
64

Certificate of Service of Notice of Appeal - 6th Circuit*

April 5, 2022

April 5, 2022

PACER
65

Notice - Other

April 7, 2022

April 7, 2022

PACER
66

Response to Motion

April 14, 2022

April 14, 2022

PACER
67

Reply to Response to Motion

April 28, 2022

April 28, 2022

PACER
68

Reply to Response to Motion

April 28, 2022

April 28, 2022

PACER
69

Reply to Response to Motion

April 28, 2022

April 28, 2022

PACER
70

ORDER Denying Defendant's Motions for Reconsideration (ECF Nos. 55 , 56 , 57 ). Signed by District Judge George Caram Steeh. (BSau)

June 9, 2022

June 9, 2022

RECAP
71

Appear*

June 13, 2022

June 13, 2022

PACER

Text-Only Notice of Hearing Cancelled

June 14, 2022

June 14, 2022

PACER
73

Appeal Order/Opinion/Judgment

Aug. 12, 2022

Aug. 12, 2022

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 4, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three Detroit residents who had their cars seized and impounded by Wayne County.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Institute for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

County of Wayne (Wayne), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Forfeiture