Case: McCadden v. Flint

2:18-cv-12377 | U.S. District Court for the Eastern District of Michigan

Filed Date: July 31, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 12th, 2015, the plaintiff, who was a black 7 year-old with Attention Deficit Hyperactivity Disorder (ADHD), was attending after school program administered by defendant Flint & Genesee Chamber of Commerce. While there, the plaintiff experienced some behavioral challenges related to his disability, which staff were aware of. The plaintiff’s behavior reportedly involved kicking a supply cart and running around on the bleachers. Staff requested a school resource officer (SRO), who arriv…

On October 12th, 2015, the plaintiff, who was a black 7 year-old with Attention Deficit Hyperactivity Disorder (ADHD), was attending after school program administered by defendant Flint & Genesee Chamber of Commerce. While there, the plaintiff experienced some behavioral challenges related to his disability, which staff were aware of. The plaintiff’s behavior reportedly involved kicking a supply cart and running around on the bleachers. Staff requested a school resource officer (SRO), who arrived on the scene and handcuffed the plaintiff behind his back. After the plaintiff's mother arrived and demanded that the handcuffs be removed, the officer responded that the key was in a lockbox and he would need to await the arrival of other officers to remove the handcuffs. The plaintiff remained handcuffed for nearly an hour in the lobby of the building, attracting a crowd of observers. The complaint also noted that the plaintiff's ADHD may have been exacerbated or caused by the health crisis happening in Flint, MI at this time. Residents were urged to stop drinking Flint’s tap water due to high levels of lead in the drinking water, which can cause behavioral problems and learning disabilities in children

On July 31st, 2018 plaintiff’s mother filed this lawsuit on her son's behalf in the U.S District Court for the Eastern District of Michigan. Represented by the Disability Rights Program of the ACLU, the ACLU of Michigan, and private counsel, the plaintiff sued the City of Flint, MI, Flint's Chief of Police in his official capacity, the school resource officer in his individual capacity, the Flint Chamber of Commerce, and the Genesee Chamber of Commerce under 42 U.S.C. § 1983, alleging unreasonable seizure and excessive force in violation of the Fourth and Fourteenth Amendments. The plaintiff sought permanent injunctive relief that would prohibit the defendants from taking similarly excessive action against schoolchildren in the future and declaratory relief establishing that the defendants have violated his constitutional and civil rights under the Fourth Amendment, Title II of the American with Disabilities Act, Section 504 of the Rehabilitation Act, and Michigan's Persons with Disabilities Civil Rights Act. The plaintiff also sought compensatory and punitive damages for the significant emotional suffering, psychological injury and trauma he suffered, and reasonable attorneys’ fees and costs incurred during the litigation.

The defendants City of Flint and City Police Chief filed a motion to dismiss on October 9, 2018. On April 12th, 2019 the motion to dismiss was granted for the Chief of Police since the court felt that those claims overlapped with the claims against the City, since the plaintiff was suing the Chief of Police in his official capacity. The Chief of Police was removed from the litigation on May 20th, 2019. The order to dismiss was granted in part and denied in part with respect to the claims against the City, sustaining most of the claims against the City, but removing the claim under Section 504 of the Rehabilitation Act, since the plaintiff failed to allege that the City or the other defendants were aware of the plaintiff's disability. After that failed motion to dismiss, the parties began a series of settlement conferences, meeting 8 times between November 15th, 2019 and July 10th, 2020. During those meetings the parties negotiated the following settlement agreement:

  1. The creation of a fund of $40,000 to help address the plaintiff's needs, and new policies adopted by the after-school program and the Flint Police Department.
  2. The Flint-Genesee Chamber of Commerce agreed that the after-school program will adopt the following policies, among others:
    • No physical restraint or intervention except as a last resort;
    • No school resource officer involvement except when there is imminent danger;
    • Require documentation of physical restraint and notice to parents; and
    • Provide training for staff regarding disabilities.
  3. The Flint Police Department’s juvenile offender policy will be revised to encourage officers to do the following, among other things, whenever possible:
    • Limit police involvement at schools to criminal offenses and not become involved in school discipline issues;
    • Use alternatives to arresting juveniles;
    • Use the lowest level of enforcement for elementary school children;
    • Involve parents whenever possible;
    • Release children without further action when there has been no property damage or physical injury;
    • De-escalate whenever appropriate; and
    • Participate in training related to implicit bias, de-escalation, special education, and positive behavior intervention.
  4. Defendants also covered the plaintiff’s attorney’s fees
The Clearinghouse does not have access to the full settlement agreement, but details regarding the settlement can be found in this ACLU press release. The parties reached this agreement on August 14th, 2020. The settlement was approved by District Judge Denise Page Hood on September 9th, 2020, who subsequently dismissed the case on September 29th. The settlement is ongoing.

Summary Authors

Tessa McEvoy (10/14/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7557208/parties/mccadden-v-flint/


Judge(s)

Hood, Denise Page (Michigan)

Patti, Anthony P. (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Center, Claudia B. (California)

Fancher, Mark P. (Michigan)

Finnegan, John Mark (Michigan)

Marko, Jonathan R (Michigan)

Mizner, Susan (California)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Chinonis, Nancy (Michigan)

Judge(s)

Hood, Denise Page (Michigan)

Patti, Anthony P. (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Center, Claudia B. (California)

Fancher, Mark P. (Michigan)

Finnegan, John Mark (Michigan)

Marko, Jonathan R (Michigan)

Mizner, Susan (California)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Chinonis, Nancy (Michigan)

Edmunds, Michael W. (Michigan)

Eriksson, Reed E. (Michigan)

Kim, William Young (Michigan)

Koss, Ryan (Michigan)

Starr, Joseph (Michigan)

Documents in the Clearinghouse

Document

2:18-cv-12377

Docket [PACER]

Sept. 29, 2020

Sept. 29, 2020

Docket
1

2:18-cv-12377

Complaint

McCadden v. City of Flint

July 31, 2018

July 31, 2018

Complaint
25

2:18-cv-12377

Order Granting in Part and Denying in Part City Defendants' Motion to Dismiss

McCadden v. City of Flint

2019 WL 1584548

April 12, 2019

April 12, 2019

Order/Opinion
32

2:18-cv-12377

First Amended Complaint

McCadden v. City of Flint

July 22, 2019

July 22, 2019

Complaint
48

2:18-cv-12377

Plaintiff's Motion for Approval of Settlement, Attorneys Fees and Costs and to Authorize Disbursements

McCadden v. City of Flint

June 12, 2020

June 12, 2020

Pleading / Motion / Brief
52

2:18-cv-12377

Notice of Resolution Approving Settlement

McCadden v. City of Flint

Aug. 13, 2020

Aug. 13, 2020

Pleading / Motion / Brief
55

2:18-cv-12377

Order Granting Motion to Approve Settlement

McCadden v. City of Flint

Sept. 9, 2020

Sept. 9, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7557208/mccadden-v-flint/

Last updated Aug. 6, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6839731 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Genesee. [Previously dismissed case: No] [Possible companion case(s): None] (Fancher, Mark) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

RECAP
2

SUMMONS Issued for * All Defendants * (EKar) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
3

NOTICE of Appearance by Susan Mizner on behalf of All Plaintiffs. (Mizner, Susan) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
4

NOTICE of Appearance by Claudia Center on behalf of All Plaintiffs. (Center, Claudia) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
5

NOTICE of Appearance by Jonathan R. Marko on behalf of All Plaintiffs. (Marko, Jonathan) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
6

NOTICE of Appearance by Nancy K. Chinonis on behalf of Flint Chamber of Commerce, Genesee Chamber of Commerce. (Chinonis, Nancy) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
7

NOTICE of Appearance by William Young Kim on behalf of Flint, City of, Timothy Johnson. (Kim, William) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
8

STIPULATION To Extend Response Deadline by Flint, City of, Timothy Johnson (Kim, William) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
9

NOTICE of Appearance by Joseph A. Starr on behalf of Flint Chamber of Commerce, Genesee Chamber of Commerce. (Starr, Joseph) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
10

NOTICE of Appearance by Ryan J. Koss on behalf of Flint Chamber of Commerce, Genesee Chamber of Commerce. (Koss, Ryan) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
11

ORDER Extending Response Deadline re 1 Complaint, ( Response due by 10/9/2018) Signed by District Judge Denise Page Hood. (LSau) Modified on 9/14/2018 (LSau). (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
12

STIPULATED ORDER Extending Time to Answer or Otherwise Respond to Complaint 1 Complaint, ( Response due by 10/10/2018) Signed by District Judge Denise Page Hood. (LSau) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
13

NOTICE of Appearance by Michael W. Edmunds on behalf of Terrance Walker. (Edmunds, Michael) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
14

ANSWER to Complaint with Affirmative Defenses and Limited Reliance Upon and Objection to Jury Demand by Flint Chamber of Commerce, Genesee Chamber of Commerce. (Koss, Ryan) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
15

MOTION to Dismiss by Flint, City of, Timothy Johnson. (Attachments: # 1 Exhibit A) (Kim, William) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
16

RESPONSE to 15 MOTION to Dismiss (Concurrence) filed by Terrance Walker. (Edmunds, Michael) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
17

ANSWER to Complaint with Affirmative Defenses and Reliance Upon Jury Demand by Terrance Walker. (Edmunds, Michael) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
18

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Flint Chamber of Commerce, Genesee Chamber of Commerce (Koss, Ryan) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
19

NOTICE OF HEARING on 15 MOTION to Dismiss . Motion Hearing set for 11/28/2018 03:45 PM before District Judge Denise Page Hood (LSau) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
20

RESPONSE to 15 MOTION to Dismiss filed by All Plaintiffs. (Fancher, Mark) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
21

STIPULATION re 15 MOTION to Dismiss by Flint, City of, Timothy Johnson (Kim, William) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
22

ORDER Extending Time for Defendant City of Flint and Chief Timothy Johnson to File Reply Brief, Set Motion and R&R Deadlines/Hearings as to 15 MOTION to Dismiss :( Reply due by 11/19/2018) Signed by District Judge Denise Page Hood. (LSau) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
23

REPLY to Response re 15 MOTION to Dismiss filed by Flint, City of, Timothy Johnson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Kim, William) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER

Minute Entry for proceedings before District Judge Denise Page Hood: Motion Hearing held on 11/28/2018 re 15 MOTION to Dismiss filed by Flint, City of, Timothy Johnson Disposition: Motion taken under advisement (Court Reporter: Darlene May) (LSau)

Nov. 28, 2018

Nov. 28, 2018

PACER
24

SUR-REPLY re 15 MOTION to Dismiss filed by All Plaintiffs. (Center, Claudia) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
25

ORDER Granting in Part and Denying in Part City Defendants' Motion to Dismiss 15 . Signed by District Judge Denise Page Hood. (LSau) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

RECAP
26

NOTICE TO APPEAR: Scheduling Conference set for 5/20/2019 10:00 AM before District Judge Denise Page Hood (LSau) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
27

ANSWER to Complaint with Affirmative Defenses with Jury Demand by Flint, City of. (Kim, William) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
28

NOTICE of Appearance by Reed E. Eriksson on behalf of Flint, City of. (Eriksson, Reed) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER

Minute Entry for proceedings before District Judge Denise Page Hood: Scheduling Conference held on 5/20/2019 (LSau)

May 20, 2019

May 20, 2019

PACER
29

SCHEDULING ORDER: Discovery due by 12/20/2019 Dispositive Motion Cut-off set for 1/21/2020 Final Pretrial Conference set for 4/20/2020 02:00 PM before District Judge Denise Page Hood Jury Trial set for 5/19/2020 09:00 AM before District Judge Denise Page Hood Signed by District Judge Denise Page Hood. (Refer to image for additional dates) (LSau) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
30

ORDER REFERRING OTHER MATTERS to Magistrate Judge Anthony P. Patti : Settlement Conference to be conducted during the month of July - August 2019. Signed by District Judge Denise Page Hood. (LSau) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
31

NOTICE TO APPEAR: Settlement Conference set for 8/21/2019 01:30 PM before Magistrate Judge Anthony P. Patti (MWil) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
32

AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against Flint Chamber of Commerce, Genesee Chamber of Commerce, Flint, City of, Terrance Walker. NO NEW PARTIES ADDED. (Fancher, Mark) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

RECAP
33

ANSWER to Amended Complaint with Affirmative Defenses and Limited Reliance Upon and Objection to Jury Demand by Flint Chamber of Commerce, Genesee Chamber of Commerce. (Koss, Ryan) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER
34

ATTORNEY SUBSTITUTION for All Plaintiffs : Jonathan R. Marko added. (Marko, Jonathan) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER
35

ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Flint, City of. (Kim, William) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
36

ANSWER to Amended Complaint with Affirmative Defenses and Reliance on Jury Demand by Terrance Walker. (Edmunds, Michael) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

PACER

Text-Only Notice of Hearing Cancelled

Aug. 21, 2019

Aug. 21, 2019

PACER

TEXT-ONLY NOTICE: Settlement Conference on 8/21/2019 is Cancelled re 31 Notice to Appear. New Date TBD. (MWil)

Aug. 21, 2019

Aug. 21, 2019

PACER
37

RE-NOTICE TO APPEAR: Settlement Conference RESET TO 11/15/2019 02:30 PM before Magistrate Judge Anthony P. Patti**BY PARTIES' REQUEST** (MWil) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
38

Initial WITNESS LIST by Flint Chamber of Commerce, Genesee Chamber of Commerce (Koss, Ryan) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
39

WITNESS LIST by Terrance Walker (Edmunds, Michael) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
40

WITNESS LIST by Flint, City of (Kim, William) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
41

Initial WITNESS LIST by All Plaintiffs (Center, Claudia) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER

Text-Only Order

Nov. 15, 2019

Nov. 15, 2019

PACER

TEXT-ONLY NOTICE: Attorney Susan Mizner may participate by phone from California re: 37 Notice to Appear (settlement conference).--Signed by Magistrate Judge Anthony P. Patti. (MWil)

Nov. 15, 2019

Nov. 15, 2019

PACER

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Settlement Conference held on 11/15/2019, Set Deadlines/Hearings:( Telephonic Status Conference set for 12/23/2019 01:00 PM before Magistrate Judge Anthony P. Patti) Disposition: Settlement Conference held and continued.**Conference call instructions to be sent one week before conference call** (Court Reporter: None Present, Not on the Record) (MWil).

Nov. 15, 2019

Nov. 15, 2019

PACER
42

STIPULATION AND ORDER Amending Scheduling Order, ( Discovery due by 3/27/2020, Dispositive Motion Cut-off set for 4/30/2020, Final Pretrial Conference set for 8/3/2020 02:00 PM before District Judge Denise Page Hood, Jury Trial set for 9/8/2020 09:00 AM before District Judge Denise Page Hood) Signed by District Judge Denise Page Hood. (LSau) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Telephonic Continuation of Settlement Conference held on 12/23/2019, Set Deadlines/Hearings:( Settlement Conference CONTINUED to 1/7/2020 11:00 AM before Magistrate Judge Anthony P. Patti). Disposition: Settlement conference held by phone with all counsel and continued to January 7, 2020 at 11 a.m., at which time only counsel for Plaintiff and the City of Flint will be required to participate. (Court Reporter: None Present, Not on the Record) (MWil)

Dec. 23, 2019

Dec. 23, 2019

PACER

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Telephonic Settlement Conference held on 1/7/2020, Set Deadlines/Hearings:( Telephonic Continuation of Settlement Conference set for 2/13/2020 01:00 PM before Magistrate Judge Anthony P. Patti) Disposition: Held and Continued. (Court Reporter: None Present, Not on the Record) (MWil)

Jan. 7, 2020

Jan. 7, 2020

PACER
43

NOTICE TO APPEAR BY TELEPHONE: Telephonic Continuation of Settlement Conference set for 2/21/2020 11:00 AM before Magistrate Judge Anthony P. Patti **Date reset at parties' request** (MWil) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER

Text-Only Reassignment Pursuant to Administrative Order

Feb. 21, 2020

Feb. 21, 2020

PACER

Text-Only Order of reassignment from Magistrate Judge Mona K. Majzoub to Magistrate Judge R. Steven Whalen pursuant to Administrative Order 19-ao-024. (SSch)

Feb. 21, 2020

Feb. 21, 2020

PACER

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Telephonic Continuation of Settlement Conference held on 2/21/2020, ( CONTINUATION of Telephonic Settlement Conference set for 4/15/2020 11:30 AM before Magistrate Judge Anthony P. Patti) Disposition: Held and Continued. (Court Reporter: None Present, Not on the Record) (MWil)

Feb. 21, 2020

Feb. 21, 2020

PACER

~Util - Set Deadlines/Hearings

Feb. 24, 2020

Feb. 24, 2020

PACER
44

STIPULATION AND ORDER Amending Scheduling Order, ( Discovery due by 6/26/2020, Dispositive Motion Cut-off set for 7/30/2020, Final Pretrial Conference set for 11/9/2020 02:00 PM before District Judge Denise Page Hood, Jury Trial set for 12/8/2020 09:00 AM before District Judge Denise Page Hood) Signed by District Judge Denise Page Hood. (LSau) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER
45

MOTION for Withdrawal of Attorney Reed E. Eriksson by Flint, City of. (Eriksson, Reed) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER

~Util - Set Deadlines/Hearings

April 15, 2020

April 15, 2020

PACER

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Telephonic Settlement Conference held on 4/15/2020, ( CONTINUATION of Telephonic Settlement Conference set for 5/11/2020 03:00 PM before Magistrate Judge Anthony P. Patti) Disposition: Settlement Confernece held and continued. (Court Reporter: None Present, Not on the Record) (MWil)

April 15, 2020

April 15, 2020

PACER
46

ORDER Granting Motion for Withdrawal of Attorney Reed E. Eriksson as Attorney for Defendant City of Flint 45 .Signed by District Judge Denise Page Hood. (LSau) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER

~Util - Set Deadlines/Hearings

May 11, 2020

May 11, 2020

PACER

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Telephonic Settlement Conference held on 5/11/2020, ( Telephonic Continuation of Settlement Conference set for 6/11/2020 01:00 PM before Magistrate Judge Anthony P. Patti) Disposition: Held and Continued. (Court Reporter: None Present, Not on the Record) (MWil) Modified on 5/12/2020 (MWil).

May 11, 2020

May 11, 2020

PACER
47

STIPULATION and ORDER to Amend Scheduling Order, ( Discovery due by 8/28/2020, Dispositive Motion Cut-off set for 9/30/2020, Final Pretrial Conference set for 1/11/2021 03:00 PM before District Judge Denise Page Hood, Jury Trial set for 2/16/2021 09:00 AM before District Judge Denise Page Hood) Signed by District Judge Denise Page Hood. (LSau) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Telephonic Settlement Conference held on 6/11/2020, ( TELEPHONIC Status Conference set for 7/10/2020 12:00 PM before Magistrate Judge Anthony P. Patti) Disposition: Settlement conference held. The dispute between Plaintiff and the Defendant Flint Chamber of Commerce has been substantially resolved, and those parties are ironing out the final details of their resolution. The attorneys for the remaining parties shall appear for a telephonic status conference with me on July 10, 2020 at 12 p.m., although attendance by Defendant Terrance Walkers counsel is optional. (Court Reporter: None Present, Not on the Record) (MWil)

June 11, 2020

June 11, 2020

PACER

~Util - Set Deadlines/Hearings

June 11, 2020

June 11, 2020

PACER
48

MOTION Approve Settlement by All Plaintiffs. (Marko, Jonathan) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

RECAP
49

NOTICE OF HEARING on 48 MOTION Approve Settlement . Motion Hearing set for 8/12/2020 04:00 PM before District Judge Denise Page Hood (LSau) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Telephonic Status Conference held on 7/10/2020. (Court Reporter: None Present, Not on the Record) (MWil)

July 10, 2020

July 10, 2020

PACER

TEXT-ONLY ORDER: Plaintiff, her counsel, Defendant City of Flint (specifically including its Chief of Police) and its counsel are ORDERED to hold a video conference of at least two hours duration on or before July 24, 2020 and to submit a joint, off the record settlement status report to the Undersigned's case manager by July 28, 2020. The Court has scheduled a final conference call with Judge Patti for July 30, 2020 at 11:30 a.m., which will be held or cancelled after the Court reviews the joint report. Entered by Magistrate Judge Anthony P. Patti. (MWil).

July 10, 2020

July 10, 2020

PACER

Text-Only Order

July 10, 2020

July 10, 2020

PACER

TEXT-ONLY NOTICE: Conference on 07/30/220 is Cancelled. Case has been conditionally resolved in its entirety. Propose Stipulated order of Dismissal with prejudice to be submitted by 08/31/2020. (MWil)

July 27, 2020

July 27, 2020

PACER

Text-Only Notice of Hearing Cancelled

July 27, 2020

July 27, 2020

PACER

TEXT-ONLY NOTICE: Motion Hearing on August 12, 2020 is Cancelled re 49 Notice of Hearing on Motion. (LSau)

July 30, 2020

July 30, 2020

PACER
50

NOTICE OF HEARING BY VIDEO CONFERENCE on 48 MOTION Approve Settlement . Motion Hearing set for 8/12/2020 04:00 PM before District Judge Denise Page Hood |Zoom Webinar Information: https://zoom.us/j/96576089082?pwd=R0RMVjN5MU90VXJJbFJkZUdLZkY3dz09 Passcode: 320493 Or iPhone one-tap : US: +13017158592,,96576089082#,,,,,,0#,,320493# or +13126266799,,96576089082#,,,,,,0#,,320493#| (LSau) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER

Text-Only Notice of Hearing Cancelled

July 30, 2020

July 30, 2020

PACER
51

RESPONSE to 48 MOTION Approve Settlement filed by Terrance Walker. (Edmunds, Michael) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER

Minute Entry for proceedings before District Judge Denise Page Hood: Motion Hearing held on 8/12/2020 re 48 MOTION Approve Settlement filed by Chrystal McCadden, Cameron McCadden Disposition: Motion granted (Court Reporter: Sheri Ward) (LSau)

Aug. 12, 2020

Aug. 12, 2020

PACER
52

NOTICE by Flint, City of of Resolution Approving Settlement (Attachments: # 1 Exhibit Flint City Council Resolution 200339) (Kim, William) (Entered: 08/13/2020)

1 Exhibit Flint City Council Resolution 200339

View on PACER

Aug. 13, 2020

Aug. 13, 2020

PACER
53

SETTLEMENT AGREEMENT by All Plaintiffs (Marko, Jonathan) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

RECAP
54

NOTICE by All Plaintiffs re Text-Only Notice of Hearing Cancelled (Fancher, Mark) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
55

ORDER Granting Motion to Approve Settlement 48 . Signed by District Judge Denise Page Hood. (LSau) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

RECAP
56

STIPULATED ORDER of Dismissal. Signed by District Judge Denise Page Hood. (LSau) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 31, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Seven-year-old African American boy with Attention Deficit Hyperactivity Disorder (ADHD)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU of Michigan

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Flint (Flint, MI, Genesee), City

Terrance Walker (Flint, MI, Genesee), Private Entity/Person

Flint Chamber of Commerce (Flint, MI, Genesee), Non-profit or advocacy

Genesee Chamber of Commerce (Flint, MI, Genesee), Non-profit or advocacy

Chief of Police (Flint, MI, Genesee), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 40,000

Content of Injunction:

Develop anti-discrimination policy

Provide antidiscrimination training

Issues

General:

Excessive force

Juveniles

Restraints : physical

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Learning disability

Type of Facility:

Non-government non-profit