Case: Bryant v. Taylor, City of

2:22-cv-12066 | U.S. District Court for the Eastern District of Michigan

Filed Date: Sept. 1, 2022

Closed Date: March 11, 2024

Clearinghouse coding complete

Case Summary

This case concerns the constitutionality of the Taylor Police Department (TPD)’s seizure of a disabled person’s dog. On September 1, 2022, a Black individual with a physical disability sued the City of Taylor, two individual TPD officers, and an animal control officer under 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Michigan. The motivation for this lawsuit arose when the plaintiff’s dog pulled a lead line into his crate and entangled his leg. After the pla…

This case concerns the constitutionality of the Taylor Police Department (TPD)’s seizure of a disabled person’s dog. On September 1, 2022, a Black individual with a physical disability sued the City of Taylor, two individual TPD officers, and an animal control officer under 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Michigan. The motivation for this lawsuit arose when the plaintiff’s dog pulled a lead line into his crate and entangled his leg. After the plaintiff, whose legs were amputated, tried and failed to free the dog, he called 911 for help. TPD officers arrived to free the dog, charged the plaintiff with animal cruelty, took the dog away for four months, and charged the plaintiff a fee for the dog’s impoundment. Represented by the ACLU of Michigan, the plaintiff alleged that TPD unlawfully seized his property in violation of the Fourth Amendment and Art. I, § 1 of the Michigan Constitution, and that the later-abandoned animal cruelty charge constituted malicious prosecution under Michigan law. He also alleged that TPD had a practice of discriminating against Black people and those with disabilities, that the city failed to train TPD officers how to properly treat people with disabilities, and that the city gave animal control officers unfettered discretion regarding impounded animals. He sought damages, injunctive relief, and attorneys’ fees.

The case was assigned to District Judge Victoria A. Roberts, who dealt with scheduling and discovery matters until District Judge Gershwin A. Drain took over the case on July 17, 2023. He issued a scheduling order setting the jury trial for May 28, 2024.

On December 27, 2023, defendants moved for summary judgment on all claims. Defendants based their motion on the assertion that the TPD officers were entitled to qualified immunity for their actions, and that since qualified immunity applies, plaintiff's federal and state law claims are invalid.

On February 8, 2024, mediator Tom Cranmer called the court to inform that he is mediating the case and that scheduling a settlement conference was thus unnecessary.

On March 11, 2024, Judge Drain issued an order dismissing the case with prejudice, stating that the parties had reached a resolution on the matter. While the details of the settlement agreement were not published, it seems that TPD agreed to drop all charges and waive all fees that defendant seemingly incurred. The court retained jurisdiction to enforce the terms of the settlement agreement.

The case is now closed.

Summary Authors

Sophia Acker (11/13/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64942212/parties/bryant-v-taylor-city-of/


Judge(s)

Drain, Gershwin Allen (Michigan)

Attorney for Plaintiff

Davidson, Syeda F. (Michigan)

Fancher, Mark P. (Michigan)

Fancher, Mark P. (Michigan)

Attorney for Defendant

Clark, Robert C. (Michigan)

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Documents in the Clearinghouse

Document
1

2:22-cv-12066

Complaint

Sept. 1, 2022

Sept. 1, 2022

Complaint
32

2:22-cv-12066

Defendants’ Motion for Summary Judgment

Dec. 27, 2023

Dec. 27, 2023

Pleading / Motion / Brief
38

2:22-cv-12066

Order of Dismissal

March 11, 2024

March 11, 2024

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64942212/bryant-v-taylor-city-of/

Last updated Jan. 30, 2025, 6:59 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Dale Bryant against Max Dorflinger, Lanny Hall, Aaron Layne, Taylor, City of with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-9039481 - Fee: $ 402. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Davidson, Syeda) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

RECAP
2

NOTICE of Appearance by Daniel S. Korobkin on behalf of Dale Bryant. (Korobkin, Daniel) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
3

NOTICE of Appearance by Mark P. Fancher on behalf of Dale Bryant. (Fancher, Mark) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER

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

Sept. 2, 2022

Sept. 2, 2022

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 (LGra)

Sept. 2, 2022

Sept. 2, 2022

PACER
4

SUMMONS Issued for * All Defendants * (LGra) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP
5

NOTICE of Appearance by Jennifer M. Grieco on behalf of Dale Bryant. (Grieco, Jennifer) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
6

CERTIFICATE of Service/Summons Returned Executed. Taylor, City of served on 9/13/2022, answer due 10/4/2022. (Davidson, Syeda) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

PACER
7

CERTIFICATE of Service/Summons Returned Executed. Lanny Hall served on 9/16/2022, answer due 10/7/2022. (Davidson, Syeda) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

PACER
8

NOTICE of Appearance by Mark W. Peyser on behalf of All Defendants. (Peyser, Mark) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
9

NOTICE of Appearance by Steven M. Potter on behalf of Lanny Hall, Taylor, City of. (Potter, Steven) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
10

NOTICE of Appearance by Robert C. Clark on behalf of Lanny Hall, Taylor, City of. (Clark, Robert) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
11

NOTICE of Appearance by Trevor S. Potter on behalf of Lanny Hall, Taylor, City of. (Potter, Trevor) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
12

NOTICE of Appearance by Layla Rose Sizemore on behalf of Lanny Hall, Taylor, City of. (Sizemore, Layla) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
13

STIPULATION AND ORDER Extending the Due Date for All Defendants to File Responsive Pleadings to November 7, 2022. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

RECAP
14

ANSWER to Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Peyser, Mark) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

RECAP
15

NOTICE TO APPEAR BY VIDEO CONFERENCE: Scheduling Conference set for 1/5/2023 at 3:30 PM before District Judge Victoria A. Roberts. (see image for details and dates) Attorneys will receive Zoom connection information prior to the conference. (LVer) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

PACER
16

STIPULATED ORDER Adjourning the Due Date for the Parties' Initial Disclosures, Submission of Joint Discovery Plan and the Court's January 5, 2023 Conference for Thirty Days. Scheduling Conference via Zoom reset for 2/8/2023 at 4:00 PM before District Judge Victoria A. Roberts. Joint Discovery Plan due: 1/25/2023. Attorneys will receive Zoom connection information prior to the conference. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
17

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Davidson, Syeda) (Entered: 01/25/2023)

Jan. 25, 2023

Jan. 25, 2023

PACER

Minute Entry for virtual proceedings before District Judge Victoria A. Roberts: Scheduling Conference held on 2/8/2023. (Court Reporter: None Present, Not on the Record) (LVer)

Feb. 8, 2023

Feb. 8, 2023

PACER
18

SCHEDULING ORDER PHASE I: Settlement Conference set for 7/26/2023 at 2:00 PM before District Judge Victoria A. Roberts, Discovery due by 9/27/2023. Signed by District Judge Victoria A. Roberts. (Refer to image for additional dates) (LVer) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
19

WITNESS LIST by Dale Bryant (Davidson, Syeda) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
20

Lay WITNESS LIST by All Defendants (Peyser, Mark) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
21

Expert WITNESS LIST by All Defendants (Peyser, Mark) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
22

STIPULATED ORDER to Extend Deadlines. Discovery due by 11/27/2023, Settlement Conference set for 12/13/2023 at 10:00 AM before District Judge Victoria A. Roberts. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

PACER
23

Stipulated Order for Substitution of Attorney. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 07/09/2023)

July 9, 2023

July 9, 2023

PACER
24

STIPULATED PROTECTIVE ORDER. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 07/09/2023)

July 9, 2023

July 9, 2023

RECAP

Text-Only Reassignment

July 17, 2023

July 17, 2023

PACER

Text-Only Order of reassignment from District Judge Victoria A. Roberts to District Judge Gershwin A. Drain pursuant to Administrative Order 23-AO-033. (SSch)

July 17, 2023

July 17, 2023

PACER

Text-Only Notice of Hearing Cancelled

July 19, 2023

July 19, 2023

PACER

TEXT-ONLY NOTICE:Settlement Conference on 7/26/2023 is Cancelled re 18 Scheduling Order, (TMcg)

July 19, 2023

July 19, 2023

PACER
25

NOTICE TO APPEAR IN PERSON: Status Conference set for 8/1/2023 at 11:00 AM before District Judge Gershwin A. Drain (TMcg) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER

Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Status Conference held on 8/1/2023 (Court Reporter: Merilyn Jones) (TMcg)

Aug. 1, 2023

Aug. 1, 2023

PACER
26

SCHEDULING ORDER: Discovery due by 11/27/2023 Dispositive Motion Cut-off set for 12/27/2023 Final Pretrial Conference set for 5/15/2024 at 3:00 PM before District Judge Gershwin A. Drain Jury Trial set for 5/28/2024 at 9:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (TMcg) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

PACER
27

ORDER REFERRING OTHER MATTERS to Magistrate Judge Altman : Settlement Conference.[APRIL 2024] Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

PACER
28

PLAINTIFF'S EXPERT WITNESS LIST by Dale Bryant (Davidson, Syeda) (Entered: 08/17/2023)

Aug. 17, 2023

Aug. 17, 2023

PACER
29

STIPULATED ORDER Regarding Facilitation re 26 Scheduling Order, Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 12/06/2023)

Dec. 6, 2023

Dec. 6, 2023

PACER
30

Ex Parte MOTION Defendants ExParte Motion to File Exhibits via the Media Upload Feature for their Forthcoming Motion for Summary Judgment by All Defendants. (Peyser, Mark) (Entered: 12/20/2023)

Dec. 20, 2023

Dec. 20, 2023

PACER
31

ORDER Granting 30 Motion for Leave to Upload Exhibit Using Media File Upload. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

PACER
32

MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Transcript of Axon Body 3 Video 2021-04-15 2310 DORFLINGER, # 3 Exhibit 2 - Transcript of Axon Body 3 Video 2021-04-15 2310 LAYNE, # 4 Exhibit 3 - Transcript of Axon Body 3 Video 2021-04-15 2313 LAYNE, # 5 Exhibit 4 - Transcript of Axon Body 3 Video 2021-04-15 2329 LAYNE, # 6 Exhibit 5 - Transcript of Axon Body 3 Video 2021-04-15 2359 DORFLINGER, # 7 Exhibit 6 - Transcript of Axon Body 3 Video 2021-04-15 2359 LAYNE, # 8 Exhibit 7 - Transcript of 04-15-21 11.04.47 PM Phone Audio File, # 9 Exhibit 8 - Transcript of 04-15-21 11.02.52 PM Phone Audio File, # 10 Exhibit 9 -Case Report, # 11 Exhibit 10 - Deposition Transcript of Max Dorflinger dated 11-17-23, # 12 Exhibit 11 - Photo No. 1 of Cage, # 13 Exhibit 12 - Photo No. 2 of Cage, # 14 Exhibit 13 - Animal Shelter Disposition Card, # 15 Exhibit 14 - Affidavit of Matthew A. Zick, # 16 Exhibit 15 - Register of Actions, # 17 Exhibit 16 - Toner v Village of Elkton, # 18 Exhibit 17 - Bateman v Driggett) (Peyser, Mark) (Entered: 12/27/2023)

Dec. 27, 2023

Dec. 27, 2023

RECAP

Notice of Receipt of Media File/Physical Object

Dec. 28, 2023

Dec. 28, 2023

PACER

TEXT-ONLY NOTICE of Receipt of Media File Exhibits 1-8 by Max Dorflinger, Lanny Hall, Aaron Layne, Taylor, City of re 32 MOTION for Summary Judgment (SSch)

Dec. 28, 2023

Dec. 28, 2023

PACER
33

CERTIFICATE OF SERVICE re 32 MOTION for Summary Judgment by All Defendants Proof of Service regarding thumbdrive containing video and audio Exhibits 1-8 of Defendants' Motion for Summary Judgment delivered via overnight UPS to counsel for Plaintiff (Peyser, Mark) (Entered: 12/29/2023)

Dec. 29, 2023

Dec. 29, 2023

PACER
34

NOTICE OF IN PERSON HEARING on 32 MOTION for Summary Judgment. Motion Hearing set for 3/28/2024 @ 10:00 AM before District Judge Gershwin A. Drain (LBar) (Entered: 01/04/2024)

Jan. 4, 2024

Jan. 4, 2024

PACER
35

RESPONSE to 32 MOTION for Summary Judgment filed by Dale Bryant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Deposition Transcript of Dale Bryant, # 3 Exhibit 2 - Verification of Complaint, # 4 Exhibit 3 - Deposition Transcript of Lanny Hall, # 5 Exhibit 4 - Deposition Transcript of Aaron Layne, # 6 Exhibit 5 - Declaration of Allison Kriger, # 7 Exhibit 6 - Disposition Cards, # 8 Exhibit 7 - Impoundment Reports, # 9 Exhibit 8 - Disabled Persons Policy, # 10 Exhibit 9 - Deposition Transcript of Chief John Blair, # 11 Exhibit 10 - Dragonwood Conservancy, Inc. v. Felician) (Davidson, Syeda) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
36

REPLY to Response re 32 MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Transcript of the Testimony of Lanny Hall 11-29-2023, # 3 Exhibit 2 - Transcript of Review Hearing Before Judge Salomone 09-22-2021) (Peyser, Mark) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

PACER
37

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/12/2024 at 10:30 AM before Magistrate Judge Kimberly G. Altman - ***PLEASE SEE NOTICE FOR IMPORTANT CALL-IN INFORMATION*** (CCie) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

PACER

Text-Only Notice of Hearing Cancelled

Feb. 8, 2024

Feb. 8, 2024

PACER

TEXT-ONLY NOTICE: Status Conference on 02/12/2024 is Cancelled re 37 Notice to Appear - Mediator Tom Cranmer called to inform the court he is mediating the case and there is no need to schedule a settlement conference at this time. (CCie)

Feb. 8, 2024

Feb. 8, 2024

PACER
38

ORDER of dismissal. Signed by District Judge Gershwin A. Drain. (DPer) (Entered: 03/12/2024)

March 11, 2024

March 11, 2024

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Policing

Disability Rights

Key Dates

Filing Date: Sept. 1, 2022

Closing Date: March 11, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Black individual with a mobility disability whose dog was seized during a hostile encounter with the Taylor Police Department.

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 Taylor (Wayne), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues