Case: Detroit Will Breathe v. Detroit

2:20-cv-12363 | U.S. District Court for the Eastern District of Michigan

Filed Date: Aug. 31, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit was filed on August 31, 2020 in the U.S. District Court for the Eastern District of Michigan. The plaintiffs included Detroit Will Breathe (DWB) and fourteen individuals. The plaintiffs, represented by private counsel on behalf of the National Lawyers Guild, sued the city of Detroit, Mayor Michael Duggan, Police Chief James Craig, and over one hundred Detroit Police Department (DPD) officers. Between May 29, 2020 and August 22, 2020, the plaintiffs participated in protests across D…

This lawsuit was filed on August 31, 2020 in the U.S. District Court for the Eastern District of Michigan. The plaintiffs included Detroit Will Breathe (DWB) and fourteen individuals. The plaintiffs, represented by private counsel on behalf of the National Lawyers Guild, sued the city of Detroit, Mayor Michael Duggan, Police Chief James Craig, and over one hundred Detroit Police Department (DPD) officers.

Between May 29, 2020 and August 22, 2020, the plaintiffs participated in protests across Detroit calling for the end of police brutality and racial injustice. The plaintiffs stated that the DPD used excessive force on multiple occasions during the approximately 90 protests that the plaintiffs engaged in during this time period. These instances of excessive force included police driving cars into protest leaders on June 28; using dangerous chokeholds and teargas on peaceful protesters on July 10; and using additional pepper spray, teargas, and chokeholds on protestors on August 22. The plaintiffs also alleged alleged that a curfew imposed by the defendants was only enforced against protesters.

The plaintiffs alleged that these actions violated their First Amendment rights to freedom of speech and assembly, and also violated their Fourth Amendment protection against excessive force, arrest without probable cause, and false imprisonment. They also alleged that defendants' actions represented retaliation forbidden under 42 U.S.C. § 1981 and contended that the city of Detroit was liable under the Monell theory of liability. The plaintiffs requested injunctive, monetary, and declaratory relief, including punitive damages, and asked for attorneys' fees and costs.

The same day that they filed their complaint, the plaintiffs also filed a motion for a temporary restraining order and preliminary injunction, which would prohibit the DPD from using weapons against peaceful protesters or arresting protesters without probable cause. The plaintiffs also sought basic amenities, such as access to water and the provision of necessary medical attention, be for any protesters that were arrested.

The case was originally assigned to District Judge Robert H. Cleland and Magistrate Judge Anthony P. Patti, but was then reassigned to District Judge Laurie J. Michelson and Magistrate Judge David R. Grand on September 1, 2020.

On September 4, 2020, the court partially granted the request for a temporary restraining order (TRO). 2020 WL 5269789. Judge Michelson enjoined the defendants from using weapons against peaceful protesters, from placing individuals in choke-holds or hitting them with vehicles, from using zip ties or handcuffs in a way that causes injury, and arresting demonstrators without probable cause. The order was to last 14 days. However, the defendants thought that the order was one-sided. They submitted a motion to modify the TRO on the grounds that it would allow protesters to break the law without repercussions. Judge Michelson disagreed. On September 16, Judge Michelson issued an order denying the defendants' request to modify the TRO, holding that the TRO in no way allowed plaintiffs or other protesters to break the law without legal consequences -- DPD was still allowed to arrest those that sought to break the law. 2020 WL 8575150. The parties jointly agreed that police officers would refrain from using weapons (batons, shield, etc.), chemical agents, or chokeholds against protestors, and also agreed not to arrest demonstrators en masse without probable cause.

The defendants answered the complaint and filed a counterclaim on September 25, alleging that the plaintiffs engaged in a civil conspiracy. The defendants sought compensatory damages, punitive damages, and attorneys' fees. The defendants also sought declaratory judgment stating that the plaintiffs defamed Mayor Michael Duggan and multiple police officers.

After the plaintiffs filed a motion to dismiss the defendants' counterclaim, the counterclaim was dismissed on March 10, 2021. 524 F.Supp.3d 704. Judge Michelson found that the city did not allege that the plaintiffs committed an underlying tort to support the conspiracy allegation, nor did the city allege sufficient factual allegations to sustain a conspiracy charge even if it could proceed without an underlying tort. Defendants filed a motion for reconsideration two weeks later, but the Judge Michelson denied their motion on March 28, 2022. 2022 WL 909348. Defendants principally argued that the court failed to consider their allegations of assault and battery in the counterclaim. But the court rejected this claim for three reasons. First, the counter-complaint did not plead assault and battery—it did not even contain the words "assault and battery." Second, state law suggested that in cases such as this, an underlying tort claim must be litigated alongside an underlying civil conspiracy claim. And since there were no underlying tort claims here, it was not clear whether the lone civil conspiracy claim could proceed. Third, and in the alternative to the previous ground for denial, the civil conspiracy claim would still fail because it did not allege sufficient facts to infer that plaintiffs conspired to commit any form of unlawful activity.

The case is ongoing as of May 2, 2022.

Summary Authors

Jack Hibbard (3/11/2021)

Jordan Katz (5/3/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17533237/parties/detroit-will-breathe-v-detroit-city-of/


Judge(s)

Grand, David R. (Michigan)

Michelson, Laurie Jill (Michigan)

Attorneys(s) for Plaintiff

Brown, Melissa A (Michigan)

Ghannam, Amanda M (Michigan)

Goodman, William Harry (Michigan)

Hurwitz, Julie H. (Michigan)

Riddell, Sean A (Michigan)

Rivers, Beth M. (Michigan)

Schulz, Jack (Michigan)

Attorneys(s) for Defendant

Dwyer, Maria (Michigan)

Judge(s)

Grand, David R. (Michigan)

Michelson, Laurie Jill (Michigan)

Attorneys(s) for Plaintiff

Brown, Melissa A (Michigan)

Ghannam, Amanda M (Michigan)

Goodman, William Harry (Michigan)

Hurwitz, Julie H. (Michigan)

Riddell, Sean A (Michigan)

Rivers, Beth M. (Michigan)

Schulz, Jack (Michigan)

Attorneys(s) for Defendant

Dwyer, Maria (Michigan)

Garcia, Lawrence T (Michigan)

Trebilcock, Christopher M (Michigan)

Turner, Reginald M. Jr. (Michigan)

Other Attorney(s)

Dugan, Marianne G (Oregon)

Korobkin, Daniel S. (Michigan)

Mayor, Philip Edwin (Michigan)

Milbank, Courtney Turner (Indiana)

Documents in the Clearinghouse

Document

2:20-cv-12363

Eastern District of Michigan

Detroit Will Breathe v. City of Detroit

March 10, 2021

March 10, 2021

Docket
2

2:20-cv-12363

Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

Detroit Will Breathe v. City of Detroit

Aug. 31, 2020

Aug. 31, 2020

Pleading / Motion / Brief
1

2:20-cv-12363

Verified Complaint for Damages and for Declaratory and Injunctive Relief

Detroit Will Breathe v. City of Detroit

Aug. 31, 2020

Aug. 31, 2020

Complaint
18

2:20-cv-12363

Opinion and Order Granting in Part Plaintiffs' Motion for a Temporary Restraining Order

Detroit Will Breathe v. City of Detroit

484 F.Supp.3d 511, 2020 WL 5269789

Sept. 4, 2020

Sept. 4, 2020

Order/Opinion
37

2:20-cv-12363

Order on Defendants' Motion to Modify Temporary Restraining Order [24]

Detroit Will Breathe v. City of Detroit

Sept. 16, 2020

Sept. 16, 2020

Order/Opinion
42

2:20-cv-12363

Joint Order to Preserve the Status Quo

Detroit Will Breathe v. City of Detroit

U.S. District Court for the Western District of Michigan

Sept. 18, 2020

Sept. 18, 2020

Order/Opinion
61

2:20-cv-12363

Opinion and Order Granting Plaintiffs/Counter-Defendants' Motion to Dismiss Counterclaim [46]

Detroit Will Breathe v. City of Detroit

2021 WL 915513

March 10, 2021

March 10, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17533237/detroit-will-breathe-v-detroit-city-of/

Last updated June 9, 2022, 3:22 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: AMIEDC-8017294 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): Federal Court for Eastern District of Michigan, 20-cv-11697, Judge Hon. Laurie J. Michelson] (Schulz, Jack) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

RECAP

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

Aug. 31, 2020

Aug. 31, 2020

PACER
2

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by All Plaintiffs. (Schulz, Jack) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

RECAP

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 (LGra)

Aug. 31, 2020

Aug. 31, 2020

PACER
3

SUMMONS Issued for * All Defendants * (LGra) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
4

Emergency MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T) (Schulz, Jack) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
5

ATTORNEY APPEARANCE: Sean A. Riddell appearing on behalf of All Plaintiffs (Riddell, Sean) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
6

ORDER for Status Conference on Plaintiffs' Motion for Temporary Restraining Order. (TELEPHONIC Status Conference set for 9/2/2020 at 09:00 AM before District Judge Laurie J. Michelson) Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
7

ORDER REASSIGNING CASE from District Judge Robert H. Cleland and Magistrate Judge Anthony P. Patti in Port Huron to District Judge Laurie J. Michelson and Magistrate Judge David R. Grand in Detroit. (NAhm) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
8

NOTICE of Appearance by Amanda M. Ghannam on behalf of All Plaintiffs. (Ghannam, Amanda) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
9

CERTIFICATE of Service/Summons Returned Executed. Detroit, City of served on 9/1/2020, answer due 9/22/2020. (Schulz, Jack) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
10

CERTIFICATE of Service/Summons Returned Executed. Michael Duggan served on 9/1/2020, answer due 9/22/2020. (Schulz, Jack) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
11

NOTICE of Appearance by William H. Goodman on behalf of All Plaintiffs. (Goodman, William) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
12

NOTICE of Appearance by Julie H. Hurwitz on behalf of All Plaintiffs. (Hurwitz, Julie) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

RECAP
13

NOTICE of Appearance by Melissa A. Brown on behalf of All Plaintiffs. (Brown, Melissa) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
14

NOTICE of Appearance by Maria Fracassa Dwyer on behalf of Detroit, City of, Michael Duggan. (Dwyer, Maria) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
15

NOTICE of Appearance by Christopher M. Trebilcock on behalf of Detroit, City of, Michael Duggan. (Trebilcock, Christopher) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
16

NOTICE of Appearance by Reginald M. Turner, Jr on behalf of Detroit, City of, Michael Duggan. (Turner, Reginald) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 9/2/2020. A follow-up telephonic status conference regarding the motion for TRO is set for 9/4/2020 at 03:30 PM before District Judge Laurie J. Michelson, parties will receive an email with the call-in information. (Court Reporter: None Present, Not on the Record) (EKar)

Sept. 2, 2020

Sept. 2, 2020

PACER

Status Conference

Sept. 2, 2020

Sept. 2, 2020

PACER
17

CERTIFICATE of Service/Summons Returned Executed. James Craig served on 9/2/2020, answer due 9/23/2020. (Schulz, Jack) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER

~Util - Set Deadlines/Hearings

Sept. 2, 2020

Sept. 2, 2020

PACER
18

OPINION and ORDER Granting in Part Plaintiffs' 4 MOTION for a Temporary Restraining Order. Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

RECAP
19

SCHEDULING ORDER for Plaintiffs' Motion for Preliminary Injunction. (Defendants' Response due by 9/18/2020; TELEPHONIC Status Conference set for 9/25/2020 at 10:00 AM ; and Motion Hearing set for 9/29/2020 at 08:30 AM before District Judge Laurie J. Michelson) [Refer to Image for Additional Deadlines] Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
20

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 9/18/2020 at 01:00 PM before District Judge Laurie J. Michelson. (EKar) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
21

CERTIFICATE of Service/Summons Returned Executed. Stephen Anouti served on 9/10/2020, answer due 10/1/2020. (Riddell, Sean) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
22

CERTIFICATE of Service/Summons Returned Executed. Mariah Erard served on 9/10/2020, answer due 10/1/2020. (Riddell, Sean) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
23

CERTIFICATE of Service/Summons Returned Executed. David Hornshaw served on 9/10/2020, answer due 10/1/2020. (Riddell, Sean) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
24

MOTION for Temporary Restraining Order To Modify Temporary Restraining Order and to Protect Public Safety by Stephen Anouti, James Craig, Detroit, City of, Michael Duggan, Mariah Erard, David Hornshaw, Officer Does 1-100. (Attachments: # 1 Index of Exhibits For Defendants' Motion to Modify TRO, # 2 Exhibit 1 - Photos 9, 10 Macomb Statue, # 3 Exhibit 2 - Photos 8, 15, 21 protesters at Calexico, # 4 Exhibit 3 - Affidavit of Todd Bettison, # 5 Exhibit 4 - Detroit Activist Tristan Taylor, # 6 Exhibit 5 - Det News 84 Arrested, # 7 Exhibit 6 - Angry Protesters, # 8 Exhibit 7 - Wanted Photo, # 9 Exhibit 8 - Marking 100 Days of Protests, # 10 Exhibit 9 - Tweet 9-5-20, # 11 Exhibit 10 - Photo - Protesters throw tear gas, # 12 Exhibit 11 - Tweet 8-22-20) (Turner, Reginald) (Entered: 09/10/2020)

1 Index of Exhibits For Defendants' Motion to Modify TRO

View on PACER

2 Exhibit 1 - Photos 9, 10 Macomb Statue

View on PACER

3 Exhibit 2 - Photos 8, 15, 21 protesters at Calexico

View on PACER

4 Exhibit 3 - Affidavit of Todd Bettison

View on PACER

5 Exhibit 4 - Detroit Activist Tristan Taylor

View on PACER

6 Exhibit 5 - Det News 84 Arrested

View on PACER

7 Exhibit 6 - Angry Protesters

View on PACER

8 Exhibit 7 - Wanted Photo

View on PACER

9 Exhibit 8 - Marking 100 Days of Protests

View on PACER

10 Exhibit 9 - Tweet 9-5-20

View on PACER

11 Exhibit 10 - Photo - Protesters throw tear gas

View on PACER

12 Exhibit 11 - Tweet 8-22-20

View on PACER

Sept. 10, 2020

Sept. 10, 2020

PACER
25

NOTICE of Appearance by Reginald M. Turner, Jr on behalf of Stephen Anouti, James Craig, Detroit, City of, Michael Duggan, Mariah Erard, David Hornshaw, Officer Does 1-100. (Turner, Reginald) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
26

NOTICE of Appearance by Christopher M. Trebilcock on behalf of Stephen Anouti, James Craig, Detroit, City of, Michael Duggan, Mariah Erard, David Hornshaw, Officer Does 1-100. (Trebilcock, Christopher) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
27

NOTICE of Appearance by Maria Fracassa Dwyer on behalf of Stephen Anouti, James Craig, Detroit, City of, Michael Duggan, Mariah Erard, David Hornshaw, Officer Does 1-100. (Dwyer, Maria) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
28

ORDER Requiring Response to 24 Motion to Modify Temporary Restraining Order and to Protect Public Saftey. Response due by 9/15/2020 Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
29

MOTION for Order Allowing Limited Expedited Discovery by All Plaintiffs. (Schulz, Jack) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
30

ORDER Granting in Part Limited Expedited Discovery 29 . Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
31

ATTORNEY APPEARANCE: Lawrence T. Garcia appearing on behalf of Stephen Anouti, Timothy Barr, James Craig, Detroit, City of, Michael Duggan, Mariah Erard, David Hornshaw (Garcia, Lawrence) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
32

CERTIFICATE of Service/Summons Returned Executed. Timothy Barr served on 9/14/2020, answer due 10/5/2020. (Riddell, Sean) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
33

Emergency MOTION for Extension of Time to File Response/Reply as to 28 Order Requiring Responsive Pleading by All Plaintiffs. (Schulz, Jack) Modified on 9/15/2020 (EKar). (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER

Text-Only Order

Sept. 15, 2020

Sept. 15, 2020

PACER

TEXT-ONLY ORDER: Plaintiffs have filed an emergency motion to extend their time for responding to Defendants motion to modify the TRO. 33 While the Court still believes the parties should be able to reach agreement on language to preserve the status quo while the case is litigated, it understands that counsel are busy with other aspects of this case. Thus, while the Court is inclined to grant the extension, upon more extensive review of the underlying motion, the Court believes it can enter an appropriate order without a response from Plaintiffs. Issued by District Judge Laurie J. Michelson. (EKar)

Sept. 15, 2020

Sept. 15, 2020

PACER
34

MOTION To Modify Scheduling Order for Plaintiff' Motion for Preliminary Injunction to Allow for Additional Witnesses re 19 Order,, Set Motion and R&R Deadlines/Hearings,, Set Deadlines/Hearings, by All Plaintiffs. (Hurwitz, Julie) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
35

MOTION for Reconsideration re 30 Order on Motion for Order, MOTION for Protective Order by All Defendants. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit A - Declaration of Art Thompson, # 3 Exhibit B - Policies) (Dwyer, Maria) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
36

MOTION to Expedite Discovery by All Defendants. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit 1 - Articles of Incorporation) (Dwyer, Maria) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER

RESET Hearing: **TIME CHANGE ONLY** TELEPHONIC Status Conference RESET for 9/18/2020 at 10:00 AM before District Judge Laurie J. Michelson. (EKar)

Sept. 16, 2020

Sept. 16, 2020

PACER

Set Deadlines/Hearings

Sept. 16, 2020

Sept. 16, 2020

PACER
37

ORDER on Defendants' Motion to Modify Temporary Restraining Order 24 . Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

RECAP
38

ORDER on Discovery Motions 34 35 36 . Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
39

NOTICE of Appearance by Maria Fracassa Dwyer on behalf of Timothy Barr. (Dwyer, Maria) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
40

NOTICE of Appearance by Christopher M. Trebilcock on behalf of Timothy Barr. (Trebilcock, Christopher) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
41

NOTICE of Appearance by Reginald M. Turner, Jr on behalf of Timothy Barr. (Turner, Reginald) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 9/18/2020. (Court Reporter: None Present, Not on the Record) (EKar)

Sept. 18, 2020

Sept. 18, 2020

PACER

Status Conference

Sept. 18, 2020

Sept. 18, 2020

PACER
42

JOINT ORDER to Preserve the Status Quo. Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

RECAP

Text-Only Order

Sept. 18, 2020

Sept. 18, 2020

PACER

TEXT-ONLY ORDER: As a result of the Joint Order to Preserve the Status Quo (ECF No. 42 ), the status conference scheduled for September 25, 2020 and the preliminary injunction hearing scheduled for September 29, 2020 are hereby CANCELLED. And the motions pending at ECF Nos. 4, 34, 35, and 36 are DISMISSED AS MOOT. The Defendants have advised that they will be filing an answer to the complaint on September 25, 2020. Thereafter, the Court will set this matter for a scheduling conference. Issued by District Judge Laurie J. Michelson. (EKar)

Sept. 18, 2020

Sept. 18, 2020

PACER

Terminate Deadlines and Hearings AND Text-Only Order AND ~Util - Terminate Motions

Sept. 18, 2020

Sept. 18, 2020

PACER

Terminate Deadlines and Hearings AND ~Util - Terminate Motions AND Text-Only Order

Sept. 18, 2020

Sept. 18, 2020

PACER

~Util - Terminate Motions AND Terminate Deadlines and Hearings AND Text-Only Order

Sept. 18, 2020

Sept. 18, 2020

PACER
43

ANSWER to Complaint with Affirmative Defenses, COUNTERCLAIM filed by All Defendants against All Plaintiffs by All Defendants. (Turner, Reginald) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

RECAP
44

ORDER TO ATTEND SCHEDULING CONFERENCE AND NOTICE OF REQUIREMENTS FOR SUBMISSION OF DISCOVERY PLAN. (TELEPHONIC Scheduling Conference set for 10/22/2020 at 02:00 PM before District Judge Laurie J. Michelson) Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

RECAP
45

STIPULATION AND ORDER to File a Responsive Pleading to Defendants/Counter-Plaintiffs Counterclaim Against Plaintiffs/Counter-Defendants. (Response due by 10/30/2020) Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

RECAP

Set Deadlines/Hearings

Oct. 7, 2020

Oct. 7, 2020

PACER

RESET Hearing: TELEPHONIC Scheduling Conference RESET for 11/13/2020 at 10:00 AM before District Judge Laurie J. Michelson. (EKar)

Oct. 7, 2020

Oct. 7, 2020

PACER
46

MOTION to Dismiss Defendants' Counterclaim by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2, # 4 Exhibit Ex. 3, # 5 Exhibit Ex. 4, # 6 Exhibit Ex. 5) (Ghannam, Amanda) (Entered: 10/30/2020)

1 Index of Exhibits Index of Exhibits

View on RECAP

2 Exhibit Ex. 1

View on PACER

3 Exhibit Ex. 2

View on PACER

4 Exhibit Ex. 3

View on PACER

5 Exhibit Ex. 4

View on PACER

6 Exhibit Ex. 5

View on PACER

Oct. 30, 2020

Oct. 30, 2020

RECAP
47

MOTION for Leave to File Amici Curiae Brief by American Civil Liberties Union of Michigan, American Civil Liberties Union. (Mayor, Philip) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
48

Amicus Curiae BRIEF by American Civil Liberties Union, American Civil Liberties Union of Michigan (Mayor, Philip) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

RECAP
49

MOTION for Leave to File Amicus Brief re 46 MOTION to Dismiss Defendants' Counterclaim by Protect the Protest Task Force. (Dugan, Marianne) Modified on 11/12/2020 (TTho). [APPENDIX A HAS AN ERROR, CORRECTED DOCUMENT WILL BE UPLOADED] (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

RECAP
50

NOTICE of Appearance by Daniel S. Korobkin on behalf of American Civil Liberties Union, American Civil Liberties Union of Michigan. (Korobkin, Daniel) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
51

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Ghannam, Amanda) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

RECAP
52

APPENDIX re: 49 MOTION for Leave to File Amicus Brief re 46 MOTION to Dismiss Defendants' Counterclaim filed by Protect the Protest Task Force. by Protect the Protest Task Force (Corrected) (Dugan, Marianne) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Scheduling Conference held on 11/13/2020. (Court Reporter: None Present, Not on the Record) (EKar)

Nov. 13, 2020

Nov. 13, 2020

PACER

Scheduling Conference

Nov. 13, 2020

Nov. 13, 2020

PACER
53

CASE MANAGEMENT REQUIREMENTS AND SCHEDULING ORDER: Interim Status Conference set for 4/6/2021 at 02:00 PM before District Judge Laurie J. Michelson; Expert Discovery due by 1/28/2022; and Dispositive Motion Cut-off set for 2/28/2022. Signed by District Judge Laurie J. Michelson. (Refer to image for additional dates) (EKar) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

RECAP
54

RESPONSE to 46 MOTION to Dismiss Defendants' Counterclaim Defendants/Counter-Plaintiffs' Response in Opposition to Plaintiffs/Counter-Defendants' Motion to Dismiss Counterclaim filed by All Defendants. (Turner, Reginald) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

RECAP
55

MOTION for Leave to File Amicus Brief by National Police Association. (Attachments: # 1 Exhibit Brief of Amicus Curiae National Police Association) (Milbank, Courtney) (Entered: 12/11/2020)

1 Exhibit Brief of Amicus Curiae National Police Association

View on PACER

Dec. 11, 2020

Dec. 11, 2020

PACER
56

REPLY to Response re 46 MOTION to Dismiss Defendants' Counterclaim filed by All Plaintiffs. (Ghannam, Amanda) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

RECAP
57

NOTICE of Change of Address/Contact Information by Amanda M. Ghannam on behalf of All Plaintiffs. (Ghannam, Amanda) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
58

NOTICE of Appearance by Beth M. Rivers on behalf of All Plaintiffs. (Rivers, Beth) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
59

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/18/2021 at 02:30 PM before District Judge Laurie J. Michelson. (EKar) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held to discuss discovery dispute on 2/18/2021. (Court Reporter: None Present, Not on the Record) (EKar)

Feb. 18, 2021

Feb. 18, 2021

PACER

Status Conference

Feb. 18, 2021

Feb. 18, 2021

PACER
60

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 3/26/2021 at 02:00 PM before District Judge Laurie J. Michelson. (EKar) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
61

OPINION and ORDER Granting Plaintiffs/Counter-Defendants' Motion to Dismiss Counterclaim 46 . Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

RECAP

TEXT-ONLY ORDER: The status conference 60 set for March 26, 2021 is CANCELLED with the understanding that the issues to be addressed during that call will be taken up at the April 6, 2021 Interim Status Conference. All dial in information remains the same. (TELEPHONIC Interim Status Conference is set for 4/6/2021 at 02:00 PM before District Judge Laurie J. Michelson) Issued by District Judge Laurie J. Michelson. (EKar)

March 17, 2021

March 17, 2021

PACER

Text-Only Order

March 17, 2021

March 17, 2021

PACER

~Util - Set Deadlines/Hearings AND Text-Only Order

March 17, 2021

March 17, 2021

PACER
62

MOTION for Reconsideration re 61 Memorandum Opinion & Order, Terminate Motions by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 -Folder of videos produced via flash drive, # 3 Exhibit 2 - Foler of body cam videos produced via flash drive, # 4 Exhibit 3 - Solicitation to protest on May 30, # 5 Exhibit 4 - Folder of video from May 30 produced via flash drive, # 6 Exhibit 5 - Sample of dangerous items collected after May 30 protest, # 7 Exhibit 6 - Documentation of damage to police vehicles, # 8 Exhibit 7 - Solicitation to protest on June 28, # 9 Exhibit 8 - folder of video from June 28 produced via flash drive, # 10 Exhibit 9 - Solicitation to protest on July 10, # 11 Exhibit 10 - Folder of video from July 10, produced via flash drive, # 12 Exhibit 11 - Solicitation to protest on August 22, # 13 Exhibit 12 - Folder of video from August 22 produced via flash drive, # 14 Exhibit 13 - Proposed Amended Counterclaim, # 15 Exhibit 14 - Unpublished case law) (Dwyer, Maria) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

RECAP

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Interim Status Conference held on 4/6/2021. (Court Reporter: None Present, Not on the Record) (EKar)

April 6, 2021

April 6, 2021

PACER

Status Conference

April 6, 2021

April 6, 2021

PACER
63

ORDER REFERRING OTHER MATTERS to Magistrate Judge Anthony P. Patti : Settlement Conference. Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
64

NOTICE TO APPEAR BY VIDEO CONFERENCE: Pre-Dispute Resolution Video Status Conference set for 4/21/2021 04:00 PM before Magistrate Judge Anthony P. Patti (MWil) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Pre-Dispute Resolution Video Status Conference held on 4/21/2021. (Court Reporter: None Present, Not on the Record) (MWil)

April 21, 2021

April 21, 2021

PACER

Status Conference

April 21, 2021

April 21, 2021

PACER

TEXT-ONLY ORDER: Judge Michelson has referred this case to me for a settlement conference. On April 21, 2021, I conducted a video status conference, at which Plaintiffs' counsel (Ghannam, Hurwitz, Riddell, Goodman, and Schulz) and defense counsel (Trebilcock, Garcia, Dwyer, and Turner) appeared. Consistent with that conversation, no less than 2 days prior to the ex-parte meetings I will be having with the attorneys for each side in advance of the first joint session of the settlement conference, each side: (1) shall submit a settlement statement that meets the Undersigneds online Practice Guidelines for settlement statements, except that it (a) may be up to 12 pages in length (double-spaced and consistent with the local formatting rules for briefing), (b) may append up to 15 exhibits (with the relevant parts highlighted), (c) may append a reasonable amount of video footage (preferably submitted by a DVD or flash drive attached to the hard copy and an electronic version attached to an email to my case manager, Michael Williams (michael_williams@mied.uscourts.gov)), and, (d) will be exchanged with the opposing side; (2) shall submit an ex parte proposed order or judgment to implement resolution; and (3) may submit a 2-page single-spaced ex parte letter regarding confidential matters or anything else the side wishes to bring to the Courts attention. Electronic copies shall be submitted via email to Mr. Williams, and hard copies shall be sent to chambers (Theodore Levin U.S. Courthouse, 231 W. Lafayette Blvd., Room 673, Detroit, MI 48226). The preconference meeting with Plaintiffs will take place on Thursday, July 1, 2021 from 10:00 a.m. 11:30 a.m. at Goodman and Hurwitz, P.C. (1394 E. Jefferson Avenue, Detroit, MI 48207). The preconference meeting with Defendants will take place on Monday, July 5, 2021 at 9:30 a.m. 11:00 a.m. at Clark Hill PLC (500 Woodward Avenue, Suite 3500, Detroit, MI 48226). The settlement conference will begin with a half-day session on Friday, July 9, 2021 at 9 a.m. at Clark Hill PLC (500 Woodward Avenue, Suite 3500, Detroit, MI 48226). The necessary participants should appear, namely those individuals consistent with my online Practice Guidelines for Required Participants. Further sessions will be scheduled as needed. Finally, while the Court intends to keep the foregoing schedule, it recognizes that the in-person nature of this schedule is subject to change based on the ever-changing state of the pandemic. Should it become necessary to convert any of the foregoing meetings to video conferences, counsel and the Court will work together to revise these procedures and issue the appropriate notices. IT IS SO ORDERED. --entered by Magistrate Judge Anthony P. Patti. (MWil)

April 22, 2021

April 22, 2021

PACER

Text-Only Order

April 22, 2021

April 22, 2021

PACER

Text-Only Order

April 23, 2021

April 23, 2021

PACER
65

NOTICE of Appearance by Geoffrey Leonard on behalf of All Plaintiffs. (Leonard, Geoffrey) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
66

STIPULATION AND ORDER to Adjourn Settlement Conference and Extend Scheduling Order Dates. (Expert Discovery due by 7/28/2022 and Dispositive Motion Cut-off set for 8/28/2022) Signed by District Judge Laurie J. Michelson. [Refer to image for additional deadlines] (EPar) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
67

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 7/12/2021 at 10:30 AM before District Judge Laurie J. Michelson. (EPar) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 7/12/2021. Parties agreed to the following: (1) Plaintiffs will provide authorizations for medical records which will be subject to a protective order designated as either attorneys & experts eyes only or confidential depending on whether the information pertains to damages for the activity at issue, (2) Defendants will produce all outstanding video evidence subject to a protective order for video that is currently part of an internal investigation, (3) once all outstanding video evidence is produced, Plaintiffs will send to Defendants a list of any video they believe is missing and Defendants will provide an explanation for any such missing video, (4) Defendants will work with their IT experts to try to identify email search terms that are generating the greatest volume of documents and parties will work to further narrow email production requests; (5) for videos and photos that Plaintiffs have produced, to the extent they have the information, they will indicate the origin of the materials and which plaintiffs they relate to; and (6) where documents produced by Defendants do not provide the information being sought by Plaintiffs interrogatories under FRCP 33(d), Defendants will respond to the interrogatories. (Court Reporter: None Present, Not on the Record) (EPar)

July 12, 2021

July 12, 2021

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: Aug. 31, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Detroit Will Breathe and several individuals

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Detroit Mayor Mike Duggan (Detroit), City

Detroit Chief of Police James Craig (Detroit), City

City of Detroit (Detroit), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Constitutional Clause(s):

Freedom of speech/association

Petitions clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Aggressive behavior

Excessive force

False arrest

Over/Unlawful Detention

Pepper/OC spray

Restraints : physical