United States District Court, E.D. Michigan, Southern Division
Tyron Gray, et. al., Plaintiffs,
City of Dearborn, et al. Defendants.
OPINION & ORDER
F. Cox, United States District Judge.
initially proceeding pro se in this action, filed
their complaint on June 19, 2015, alleging § 1983 claims
against the following defendants: (1) City of Dearborn; (2)
Officer Robert Price; (3) Officer Andrew Galuszka; (4)
Officer David Lacey; and (5) Officer Jarod Micallef. These
claims stemmed from an altercation that took place on June
subsequently retained counsel in this action. (Doc. #28). On
July 18, 2016, Plaintiffs filed a First Amended Complaint.
(Doc. #31, Am. Compl.). In it, Plaintiffs have named 11 new
defendants and an indefinite number of John/Jane Doe
defendants, in addition to the defendants originally named in
the first complaint. Plaintiffs' amended complaint also
includes additional factual allegations, which account for
ten different incidents between Plaintiffs and certain
matter is currently before the Court on Defendants City of
Dearborn, Robert Price, Andrew Galuszka, David Lacey, and
Jarod Micallef's Motion to Strike Plaintiffs' First
Amended Complaint (Doc. #35) on the basis of misjoinder of
parties. Plaintiffs have filed a response opposing
Defendants' motion. The Court held a hearing as to the
motion on October 27, 2016.
reasons that follow, the Court shall GRANT Defendants'
motion to the extent that Plaintiffs are only permitted to
proceed with the § 1983 claims stemming from the June
23, 2012 altercation, against the defendants originally named
in their first complaint. However, pursuant to Rule 21, the
Court shall dismiss without prejudice Plaintiffs'
remaining claims, which stem from unrelated factual
allegations, against the improperly-joined defendants.
in this action are: (1) Tyron Boisa Gray, Jr.; (2) Nybrieonn
Destiny Gray; (3) Nayonn Gray (through Next Friend, Norma
Gray); and (4) Donnaja Smith-Gray (through Next Friend, La
Donna Smith). Plaintiffs, who are siblings, bring this action
under 42 U.S.C. § 1983.
Plaintiffs were proceeding pro se in this action.
Plaintiffs filed a pro se complaint against the City
of Dearborn and four City of Dearborn police officers.
Plaintiffs' claims stem from an altercation that took
place on June 23, 2012, between Plaintiffs and named
subsequently retained counsel in this action. On July 18,
2016, pursuant to this Court's Scheduling Order (Doc.
#30), Plaintiffs filed a First Amended Complaint. (Doc. #31).
Plaintiffs' amended complaint joins an
additional 11 named defendants and an indefinite
number of John and Jane Doe defendants. The claims in
Plaintiffs' amended complaint stem from 10 alleged
incidents/altercations, including the June 23, 2012 incident
alleged in the original complaint. The alleged incidents
giving rise to the various claims in the amended complaint
occurred over a three-year time span: 2012 through 2015.
August 1, 2016, Defendants City of Dearborn, and Dearborn
police officers Andrew Galuszka, David Lacy, Jarod Micallef
and Robert Price filed the instant Motion to Strike,
asserting that Plaintiffs have improperly joined multiple,
unrelated claims against multiple defendants in a single
action. (Doc. #31, Def.s' Br.). The Court shall briefly
provide an overview of Plaintiffs' original and amended
following were named as defendants in Plaintiffs'
original complaint: (1) the City of Dearborn, (2) Robert
Price; (3) Andrew Galuszka; (4) David Lacey; and (5) Jarod
Micallef. (Doc. #1). Plaintiffs alleged the following §
1983 claims: Count I - Excessive Force and Unreasonable
Seizure; Count II - False Arrest and Malicious Prosecution;
Count III - Civil Conspiracy to Violate Plaintiffs' Civil
Rights; and Count IV - Monell claim.
claims arose from a single altercation involving all
plaintiffs and all named officers. In short, Plaintiffs
alleged that on June 23, 2012, Plaintiffs were walking toward
Ten Eyke Park when a patrol vehicle driven by Defendant Lacey
pulled up next to Nybrieonn, Tyreonn and Donnaja and
eventually patted them down and placed them in the back of
his patrol vehicle. (Doc. #1 at ¶¶ 22-24, 26, 30).
Tyron Boisa Gray, Jr., walked over, Defendant Lacey allegedly
“grabbed” Tyron and “slammed his body
against the back of the cop car.” (Id. at
¶ 32). (Id. at ¶ 33). According to
Plaintiffs, Nayoon Gray walked over and watched as Defendant
Lacey continued to hold Tyron against the patrol vehicle.
(Id. at ¶ 36).
Defendant Micallef arrived to the scene, he allegedly ordered
Nayoon to “backup [sic], while simultaneously shoving
him in the chest.” (Id. at ¶ 37).
According to Plaintiffs, Nayoon ...