Case: Oliver v. City of Detroit

2:20-cv-12711 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 6, 2020

Closed Date: Aug. 22, 2024

Clearinghouse coding complete

Case Summary

On July 31, 2019, a 27-year-old Black man (Plaintiff) was driving to work when he was stopped, arrested, and jailed by the Detroit Police Department (DPD) for more than 2 days. He was accused of snatching someone’s phone on May 5, 2019 based on footage from the victim’s cell phone. The Defendant, a DPD detective, captured a distorted still photo from the recording that didn’t clearly show the face of the perpetrator. The photo only showed a dark-skinned man in a red hoodie, but the Defendant st…

On July 31, 2019, a 27-year-old Black man (Plaintiff) was driving to work when he was stopped, arrested, and jailed by the Detroit Police Department (DPD) for more than 2 days. He was accused of snatching someone’s phone on May 5, 2019 based on footage from the victim’s cell phone. The Defendant, a DPD detective, captured a distorted still photo from the recording that didn’t clearly show the face of the perpetrator. The photo only showed a dark-skinned man in a red hoodie, but the Defendant still used facial recognition technology to incorrectly identify the Plaintiff as a possible match. On September 4, 2020, the Plaintiff filed an individual complaint against the Defendant detective and the City of Detroit (the City) in Wayne County Circuit Court (a Michigan state trial court). Judge Lita Popke was assigned to the case. The Plaintiff was represented by Robinson & Associates, P.C.

 In his complaint, the Plaintiff alleged both federal and state law claims. The Plaintiff alleged that the Defendant detective was in violation of 42 U.S.C §1983 by violating his 1st, 4th, and 14th Amendment rights. He argued that he had a right to be free from seizure without probable cause, a right to procedural and substantive due process, and fair treatment during stops, searches, and seizures. The Plaintiff also alleged municipal liability against the City under 42 U.S.C §1983 per Monell. He alleged that the City violated his Fourth Amendment rights against unreasonable seizures because DPD established inadequate policies, failed to train officers, and exhibited a custom of acquiescence regarding deficient facial recognition policies with flawed software. The Plaintiff also alleged that he was maliciously prosecuted by the Defendants under 42 U.S.C §1983, violating his 14th Amendment Equal Protection and Due Process rights. As for the state law claims, the Plaintiff alleged a violation of a Michigan law called the Elliott-Larsen Civil Rights Act. The Plaintiff also alleged common law claims of negligence, intentional infliction of emotional distress, and gross negligence. The Plaintiff requested compensatory damages for the pain, suffering, humiliation, shame, embarrassment, and emotional distress he experienced by being falsely arrested and imprisoned. He also requested the appropriate punitive damages and attorney’s fees. Next, he requested a declaratory judgment and permanent injunction requiring that officers using the facial recognition to disclose the images they are using to determine matches with suspects, details about the image quality, error rates of the facial recognition software (including any gender and racial disparities), and disclaiming that a match does not equate to a positive identification of the suspect. The Plaintiff also requested a declaratory judgment and injunction prohibiting the Defendants from using facial recognition technology that disproportionately treats racial and ethnic minorities. Lastly, the Plaintiff requested an injunction prohibiting the Defendants from using or causing any other law enforcement agency to use a criminal database with images of himself.

 On October 6, 2020, the City removed the Plaintiff’s claims from the Wayne County Circuit Court to the U.S. District Court Eastern District of Michigan Southern Division, arguing that the case has federal jurisdiction. The case was assigned to Judge Laurie Michelson. On October 23, 2020, the Eastern District of Michigan district court declined to exercise supplemental jurisdiction over Oliver’s state law claims. The court held that at least some of the elements of the federal claims and some of the elements of the state claims would require different proof; thus the discovery between the claims would not overlap. Moreover, the court worried that the jury could have trouble distinguishing between the federal constitutional claims and the state torts claims. Thus, the federal district court remanded the state law claims to the Wayne County Circuit Court.

 On March 3, 2023, the Defendants moved for summary judgment in the federal district court. They argued that the Plaintiff was precluded from bringing any probable cause claims for his arrest and prosecution, since that issue had already been litigated and fully determined in the state district court, where the court ruled against the Plaintiff. They also argued that the arrest and prosecution were supported by probable cause because a law enforcement officer may use eyewitness identification (as the Defendant detective did) to establish probable cause. The Defendants also argued that the Plaintiff’s §1983 claim was insufficient because §1983 requires a defendant to have personally committed the violation, but there was no evidence that the Defendant detective personally arrested or seized the Plaintiff. Next, the Defendants argued that the warrant used to arrest the Plaintiff was facially valid, and that they did not knowingly make false statements to the judge to obtain the warrant. The Defendant detective also made a qualified immunity argument, arguing that he did not violate any clearly established statutory or constitutional rights of which a reasonable person would have known. Lastly, the Defendants argued that the Plaintiff’s Monell claim was insufficient because he failed to prove a DPD custom, policy, practice, or procedure that caused a violation of the Plaintiff’s constitutional rights. 

As discovery and settlement negotiations continued, the Defendants withdrew their motion for summary judgment on March 25, 2024. On August 22, 2024, the federal district court ordered a stipulated order of dismissal of the case. As per the settlement agreement between the parties, the Plaintiff received $110,000, and his claims were dismissed with prejudice. As of March 12, 2026, the case is not ongoing.

 

Summary Authors

Ameya Kamani (3/12/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18508594/parties/oliver-v-detroit-city-of/


Judge(s)
Attorney for Plaintiff

Kuhn, Thomas E. (Michigan)

McNeal, Brandon (Michigan)

Attorney for Defendant

Cassini, Stephen (Michigan)

Cunningham, Patrick M. (Michigan)

Forbush, Audrey J. (Michigan)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

2:20-cv-12711

Notice of Removal

Oliver v. Bussa

Oct. 6, 2020

Oct. 6, 2020

Pleading / Motion / Brief
5

2:20-cv-12711

City of Detroit's Answer to Plaintiff's Complaint

Oliver v. Bussa

Oct. 13, 2020

Oct. 13, 2020

Complaint
7

2:20-cv-12711

Order Declining to Exervise Supplemental Jurisdiction Over State Law Claims

Oct. 16, 2020

Oct. 16, 2020

Order/Opinion
12

2:20-cv-12711

Donald Bussa's Answer to Plaintiff's Complaint

Oliver v. Bussa

Nov. 25, 2020

Nov. 25, 2020

Pleading / Motion / Brief
23

2:20-cv-12711

Plaintiff's First Amended Complaint

July 7, 2021

July 7, 2021

Complaint
43

2:20-cv-12711

Defendants' Motion for Summary Judgment

March 3, 2023

March 3, 2023

Pleading / Motion / Brief

2:20-cv-12711

Resolution

Oliver v. Bussa

Feb. 16, 2024

Feb. 16, 2024

Settlement Agreement
69

2:20-cv-12711

Stipulated Order of Dismissal

Aug. 22, 2024

Aug. 22, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18508594/oliver-v-detroit-city-of/

Last updated April 20, 2026, 4:30 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by Detroit, City of from Wayne County Circuit Court, case number 20-011495-NO. Receipt No: AMIEDC-8089772 - Fee: $ 400 [Previously dismissed case: No] [Possible companion case(s): None] (Cunningham, Patrick) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

Clearinghouse
2

ATTORNEY APPEARANCE: Thomas E. Kuhn appearing on behalf of Michael Oliver (Kuhn, Thomas) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

3

NOTICE of Appearance by David A. Robinson on behalf of All Plaintiffs. (Robinson, David) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

4

NOTICE of Appearance by Brandon McNeal on behalf of All Plaintiffs. (McNeal, Brandon) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

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

Oct. 7, 2020

Oct. 7, 2020

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)

Oct. 7, 2020

Oct. 7, 2020

5

ANSWER to Complaint with Affirmative Defenses by Detroit, City of. (Cunningham, Patrick) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

Clearinghouse
6

NOTICE of Appearance by Audrey J. Forbush on behalf of Stephen Cassini. (Forbush, Audrey) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

7

ORDER Declining to Exercise Supplemental Jurisdiction Over State Law Claims. Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

Clearinghouse
8

MOTION for Reconsideration re 7 Order Dismissing State Claims and for Remand of Plaintiff's State Claims and Brief In Support by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4) (Robinson, David) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

9

ORDER PARTIALLY REMANDING CASE (Counts IV through VII) to Wayne County Circuit Court. Signed by District Judge Laurie J. Michelson. (DPer) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

RECAP
10

NOTICE remanding case to WAYNE COUNTY CIRCUIT COURT. (DPer) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

11

ACKNOWLEDGMENT from Wayne County Circuit Court of receipt of 10 Notice of remand. (DPer) (Entered: 11/05/2020)

Oct. 29, 2020

Oct. 29, 2020

12

ANSWER to Complaint with Affirmative Defenses by Donald Bussa. (Cunningham, Patrick) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

Clearinghouse
13

ORDER TO ATTEND SCHEDULING CONFERENCE AND NOTICE OF REQUIREMENTS FOR SUBMISSION OF DISCOVERY PLAN. (TELEPHONIC Scheduling Conference set for 12/14/2020 at 01:00 PM before District Judge Laurie J. Michelson) Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 12/02/2020)

Dec. 1, 2020

Dec. 1, 2020

RESET Hearing: TELEPHONIC Scheduling Conference RESET for 12/16/2020 at 10:30 AM before District Judge Laurie J. Michelson. (EKar)

Dec. 2, 2020

Dec. 2, 2020

Set Deadlines/Hearings

Dec. 2, 2020

Dec. 2, 2020

14

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Kuhn, Thomas) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

15

NOTICE of Withdrawal of Attorney Audrey J. Forbush for on behalf of Stephen Cassini. (Forbush, Audrey) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Scheduling Conference held on 12/16/2020. (Court Reporter: None Present, Not on the Record) (EKar)

Dec. 16, 2020

Dec. 16, 2020

Scheduling Conference

Dec. 16, 2020

Dec. 16, 2020

16

CASE MANAGEMENT REQUIREMENTS AND SCHEDULING ORDER: Interim Status Conference set for 3/3/2021 at 10:00 AM before District Judge Laurie J. Michelson; Expert Discovery due by 7/26/2021; and Dispositive Motion Cut-off set for 8/30/2021. Signed by District Judge Laurie J. Michelson. (Refer to image for additional dates) (EKar) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

RECAP
17

STIPULATION For Extension of Time for Defendants to Respond to Discovery Requests by Donald Bussa, Detroit, City of (Cunningham, Patrick) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

RECAP

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Interim Status Conference held on 3/3/2021. (Court Reporter: None Present, Not on the Record) (EKar)

March 3, 2021

March 3, 2021

Status Conference

March 3, 2021

March 3, 2021

18

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 3/16/2021 at 01:00 PM before District Judge Laurie J. Michelson. (EKar) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

RECAP

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 3/16/2021. (Court Reporter: None Present, Not on the Record) (EKar)

March 16, 2021

March 16, 2021

Status Conference

March 16, 2021

March 16, 2021

19

PLAINTIFF'S PRELIMINARY WITNESS LIST by All Plaintiffs (Robinson, David) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

RECAP
20

LAY WITNESS LIST by Donald Bussa, Detroit, City of (Cunningham, Patrick) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

RECAP
21

STIPULATION AND ORDER Extending Discovery Deadlines. (Discovery due by 8/25/2021 and Dispositive Motion Cut-off set for 8/30/2021) Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 05/08/2021)

May 8, 2021

May 8, 2021

RECAP
22

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 7/7/2021 at 09:00 AM before District Judge Laurie J. Michelson. (EPar) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

RECAP
23

AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Robinson, David) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

Clearinghouse

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 7/7/2021. (Court Reporter: None Present, Not on the Record) (EPar)

July 7, 2021

July 7, 2021

Status Conference

July 7, 2021

July 7, 2021

24

STIPULATION AND ORDER Granting Plaintiff Leave to File Plaintiff's 1st Amended Complaint. Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

RECAP
25

ANSWER to Amended Complaint with Affirmative Defenses by Donald Bussa, Detroit, City of. (Cunningham, Patrick) (Entered: 07/20/2021)

July 20, 2021

July 20, 2021

RECAP
26

STIPULATION AND ORDER Extending Scheduling Order Dates. (Expert Discovery due by 6/5/2022 and Dispositive Motion Cut-off set for 7/6/2022) [Refer to image for additional deadlines] Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

RECAP
27

NOTICE of Change of Address/Contact Information by Thomas E. Kuhn on behalf of Michael Oliver. (Kuhn, Thomas) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

28

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 1/26/2022 at 09:00 AM before District Judge Laurie J. Michelson. (EPar) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

Minute Entry for telephonic proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 1/26/2022. (Court Reporter: None Present, Not on the Record) (EPar)

Jan. 26, 2022

Jan. 26, 2022

Status Conference

Jan. 26, 2022

Jan. 26, 2022

29

STIPULATED PROTECTIVE ORDER Regarding Confidential Litigation Records. Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 02/10/2022)

Feb. 10, 2022

Feb. 10, 2022

RECAP
30

ORDER for Discovery Following Phone Conference with the Court. Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 02/10/2022)

Feb. 10, 2022

Feb. 10, 2022

RECAP
31

STIPULATION AND ORDER to Extend Scheduling Order Dates. (Fact Discovery due by 6/10/2022; Expert Discovery due by 9/2/2022; and Dispositive Motion Cut-off and Challenges to Experts set for 10/4/2022) Signed by District Judge Laurie J. Michelson. (Refer to image for additional deadlines) (EPar) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

RECAP
32

STIPULATION AND ORDER Extending Scheduling Order Dates. (Expert Discovery due by 12/2/2022 and Dispositive Motion Cut-off set for 1/17/2023) Signed by District Judge Laurie J. Michelson. (Refer to image for additional deadlines) (EPar) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

33

STIPULATION AND ORDER to Extend Scheduling Order Dates. (Expert Discovery due by 1/16/2023 and Dispositive Motion Cut-off set for 3/3/2023) Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

34

[STRICKEN] Third MOTION to Amend/Correct and supporting brief by Michael Oliver. (Attachments: # 1 Exhibit, # 2 Exhibit) (Robinson, David) Modified on 9/12/2022 (EPar). (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

Text-Only Order

Sept. 12, 2022

Sept. 12, 2022

35

NOTICE by Michael Oliver Proof of Service Plaintiff's Motion to Amend Complaint (Robinson, David) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

TEXT-ONLY ORDER: The Plaintiff's 34 Third MOTION to Amend the Complaint is STRICKEN for failure to comply with this Court's case management requirements. All briefs filed with the Court shall be a searchable PDF. All documentary evidence and briefs, especially deposition transcripts, must be filed in a searchable PDF format. As such, it is highly advised to obtain and docket an electronic copy of a document rather than scan in a hard copy (e.g., printing a brief and then scanning it in is not advised. Issued by District Judge Laurie J. Michelson. (EPar)

Sept. 12, 2022

Sept. 12, 2022

36

Third MOTION to Amend/Correct and Brief in Support by Michael Oliver. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Document Continuation POS) (Robinson, David) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

~Util - Terminate Motions AND Text-Only Order

Sept. 12, 2022

Sept. 12, 2022

37

ORDER Denying Plaintiff's Motion to Amend Complaint 36 . Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

RECAP
38

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 10/11/2022 at 11:30 AM before District Judge Laurie J. Michelson (EPar) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

39

STIPULATION AND ORDER for Production of the Scores and Candidates. Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

RECAP

Minute Entry for telephonic proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 10/11/2022 regarding discovery dispute. (Court Reporter: None Present, Not on the Record) (EPar)

Oct. 11, 2022

Oct. 11, 2022

Status Conference

Oct. 11, 2022

Oct. 11, 2022

40

MOTION Compel Production of Requested Discovery by Michael Oliver. (Attachments: # 1 Exhibit, # 2 Exhibit) (Robinson, David) (Entered: 10/16/2022)

Oct. 16, 2022

Oct. 16, 2022

41

RESPONSE to 40 MOTION Compel Production of Requested Discovery filed by Donald Bussa, Detroit, City of. (Attachments: # 1 Exhibit 1) (Cunningham, Patrick) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

42

NOTICE OF IN PERSON HEARING on 40 MOTION Compel Production of Requested Discovery. Motion Hearing set for 11/15/2022 at 03:30 PM before District Judge Laurie J. Michelson (EPar) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

Minute Entry for in-person proceedings before District Judge Laurie J. Michelson: Motion Hearing held on 11/15/2022 re 40 MOTION Compel Production of Requested Discovery filed by Michael Oliver. (Court Reporter: Timothy Floury) (EPar)

Nov. 15, 2022

Nov. 15, 2022

Motion Hearing

Nov. 15, 2022

Nov. 15, 2022

TEXT-ONLY ORDER: At the November 15, 2022 hearing, counsel for the City of Detroit indicated that in a related case, Williams v. City of Detroit (2:21-cv-10827), the City is in the process of running search terms related to facial recognition technology and will produce documents from that search to Williams. At the hearing, the parties agreed that to resolve Plaintiff's motion to compel, the City would produce those same documents to Oliver. Oliver further requested that the City identify staff members who worked with the Board of Police Commissioners to develop the September 2009 policy. If after reviewing the production from the Williams case, Oliver believes that issue needs to be revisited, he may file the appropriate motion. Issued by District Judge Laurie J. Michelson. (EPar)

Nov. 16, 2022

Nov. 16, 2022

Text-Only Order

Nov. 16, 2022

Nov. 16, 2022

~Util - Terminate Motions AND Text-Only Order

Nov. 16, 2022

Nov. 16, 2022

43

MOTION for Summary Judgment by Donald Bussa, Detroit, City of. (Attachments: # 1 Exhibit Cassani dep xscript, # 2 Exhibit Bussa dep xscript, # 3 Exhibit Investigator's Report with Attachments, # 4 Exhibit Oliver dep xscript, # 5 Exhibit Arrest Warrant, # 6 Exhibit Arrest Report, # 7 Exhibit Preliminary Examination xscript, # 8 Exhibit ROA) (Cunningham, Patrick) (Entered: 03/03/2023)

1 Exhibit Cassani dep xscript

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2 Exhibit Bussa dep xscript

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3 Exhibit Investigator's Report with Attachments

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4 Exhibit Oliver dep xscript

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5 Exhibit Arrest Warrant

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6 Exhibit Arrest Report

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7 Exhibit Preliminary Examination xscript

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8 Exhibit ROA

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March 3, 2023

March 3, 2023

Clearinghouse
44

ORDER Regarding Determination of 43 MOTION for Summary Judgment filed by Detroit, City of, Donald Bussa. Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 03/14/2023)

March 14, 2023

March 14, 2023

RECAP
45

STIPULATION AND ORDER for Extension of Time to File Response and Reply to 43 MOTION for Summary Judgment. (Response due by 4/7/2023 and Reply due by 4/21/2023) Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 03/20/2023)

March 20, 2023

March 20, 2023

RECAP
46

MOTION for Extension of Time to File Response/Reply, MOTION for Leave to File Excess Pages by Michael Oliver. (Robinson, David) (Entered: 03/31/2023)

March 31, 2023

March 31, 2023

47

ORDER Granting in Part Motion for Leave to File Excess Pages Under L.R. 7.1(d)(3)(A) 46 . Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

RECAP
48

STIPULATION AND ORDER for Extension of Time to File Response and Reply to 43 MOTION for Summary Judgment. (Response due by 4/14/2023 and Reply due by 4/28/2023) Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

RECAP
49

RESPONSE to 43 MOTION for Summary Judgment, 46 MOTION for Extension of Time to File Response/Reply MOTION for Leave to File Excess Pages 25 filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13) (Robinson, David) (Entered: 04/13/2023)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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7 Exhibit Exhibit 7

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8 Exhibit Exhibit 8

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9 Exhibit Exhibit 9

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10 Exhibit Exhibit 10

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11 Exhibit Exhibit 11

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12 Exhibit Exhibit 12

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13 Exhibit Exhibit 13

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April 13, 2023

April 13, 2023

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50

Ex Parte MOTION for Leave to File Exhibit #8 In Traditional Manner by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1) (Robinson, David) (Entered: 04/13/2023)

1 Exhibit Exhibit 1

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April 13, 2023

April 13, 2023

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51

RESPONSE to 50 Ex Parte MOTION for Leave to File Exhibit #8 In Traditional Manner, 43 MOTION for Summary Judgment, 46 MOTION for Extension of Time to File Response/Reply MOTION for Leave to File Excess Pages 25 filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3) (Robinson, David) (Entered: 04/13/2023)

1 Index of Exhibits Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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April 13, 2023

April 13, 2023

52

ORDER REGARDING 50 Ex Parte MOTION for Leave to File Exhibits Using Media File Upload. (Statement due by 4/20/2023) Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 04/13/2023)

April 13, 2023

April 13, 2023

53

INDEX of Exhibits re 49 Response to Motion,, by All Plaintiffs Revised Index of Exhibits and Exhibit #15 (Attachments: # 1 Exhibit Exhibit 15) (Robinson, David) (Entered: 04/14/2023)

1 Exhibit Exhibit 15

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April 14, 2023

April 14, 2023

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54

MOTION for Leave to File Exhibit #8 In Traditional Manner by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit #8) (Robinson, David) (Entered: 04/22/2023)

April 22, 2023

April 22, 2023

55

ORDER Granting Motion for Leave to Upload Exhibit Using Media File Upload. Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

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Notice of Receipt of Media File/Physical Object

April 24, 2023

April 24, 2023

TEXT-ONLY NOTICE of Receipt of Media File Exhibit 8 by Michael Oliver re 49 Response to Motion (VLun)

April 24, 2023

April 24, 2023

56

MOTION for Leave to File Excess Pages by Donald Bussa, Detroit, City of. (Cunningham, Patrick) (Entered: 04/27/2023)

April 27, 2023

April 27, 2023

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Text-Only Order AND ~Util - Terminate Motions

April 28, 2023

April 28, 2023

TEXT-ONLY ORDER: The Court GRANTS Defendant's 56 MOTION for Leave to File Excess Pages. Defendant may file a 14-page reply brief. Issued by District Judge Laurie J. Michelson. (EPar)

April 28, 2023

April 28, 2023

57

REPLY to Response re 43 MOTION for Summary Judgment filed by Donald Bussa, Detroit, City of. (Cunningham, Patrick) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

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58

MOTION for Leave to File Amici Curiae Brief by American Civil Liberties Union Foundation, American Civil Liberties Union Fund of Michigan, Robert Julian-Borchak Williams. (Wadood, Ramis) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

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59

Amicus Curiae BRIEF by American Civil Liberties Union Foundation, American Civil Liberties Union Fund of Michigan, Robert Julian-Borchak Williams (Wadood, Ramis) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

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60

RESPONSE to 58 MOTION for Leave to File Amici Curiae Brief filed by Donald Bussa, Detroit, City of. (Cunningham, Patrick) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

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61

REPLY to Response re 58 MOTION for Leave to File Amici Curiae Brief filed by American Civil Liberties Union Foundation, American Civil Liberties Union Fund of Michigan, Robert Julian-Borchak Williams. (Wadood, Ramis) (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

RECAP
62

ORDER REFERRING OTHER MATTERS to Magistrate Judge Grand : Settlement Conference. Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

RECAP
63

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 11/21/2023 12:00 PM before Magistrate Judge David R. Grand (EBut) (Entered: 11/20/2023)

Nov. 20, 2023

Nov. 20, 2023

Minute Entry for telephonic proceedings before Magistrate Judge David R. Grand: Telephonic Status Conference held on 11/21/2023 (Court Reporter: None Present, Not on the Record) (EBut)

Nov. 21, 2023

Nov. 21, 2023

64

NOTICE TO APPEAR IN PERSON: Settlement Conference set for 2/5/2024 10:00 AM before Magistrate Judge David R. Grand (EBut) (Entered: 11/21/2023)

Nov. 21, 2023

Nov. 21, 2023

Text-Only Notice of Hearing Cancelled

Jan. 12, 2024

Jan. 12, 2024

TEXT-ONLY NOTICE: Settlement Conference on 2/5/24 at 10:00am before Magistrate Judge Grand is Cancelled. (EBut)

Jan. 12, 2024

Jan. 12, 2024

65

RENOTICE TO APPEAR IN PERSON [TIME CHANGE]: Settlement Conference set for 2/5/2024 01:00 PM before Magistrate Judge David R. Grand (EBut) (Entered: 01/12/2024)

Jan. 12, 2024

Jan. 12, 2024

Minute Entry for in-person proceedings before Magistrate Judge David R. Grand: Settlement Conference held on 2/5/2024 Disposition: On February 5, 2024, the Court held a settlement conference in this case. Counsel shall meet and confer as discussed, and the Court will hold a telephonic status conference with counsel in two weeks to discuss their progress towards resolving the case. (Court Reporter: None Present, Not on the Record) (EBut)

Feb. 5, 2024

Feb. 5, 2024

66

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/21/2024 11:00 AM before Magistrate Judge David R. Grand (EBut) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

Text-Only Notice of Hearing Cancelled

Feb. 21, 2024

Feb. 21, 2024

TEXT-ONLY NOTICE: Status Conference on 2/21/24 at 11:00am before Magistrate Judge Grand is Cancelled. (EBut)

Feb. 21, 2024

Feb. 21, 2024

Case Details

State / Territory:

Michigan

Case Type(s):

Policing

Privacy

Key Dates

Filing Date: Oct. 6, 2020

Closing Date: Aug. 22, 2024

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiff was a 27-year-old Black man from Detroit

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

Detroit Police Department

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Other Dockets:

Eastern District of Michigan 2:20-cv-12711

New Docket

New Docket

Available Documents:

Any published opinion

Complaint (any)

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Damages

Declaratory judgment

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 110,000

Issues

General/Misc.:

Failure to supervise

Failure to train

Neglect by staff

Racial profiling

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Policing:

False arrest

Inadequate citizen complaint investigations and procedures

Recommended Citation