United States District Court, E.D. Michigan, Southern Division
ORDER GRANTING DEFENDANT ATPA'S MOTIONS TO
DISMISS [ECF NOS. 14, 15, 18]
Victoria A. Roberts United States District Judge.
Michigan Automobile Theft Prevention Authority
(“ATPA”) is a state-wide organization formed by
Michigan statute; its function is to prevent automobile theft
in the State of Michigan. Plaintiffs seek money damages from
the ATPA for alleged constitutional violations and state law
torts. The ATPA claims it is an arm of the State of Michigan,
entitled to sovereign immunity. The Court agrees, and GRANTS
ATPA's motions to dismiss.
(1) Rasoul Joumaah, Gayle Joumaah, Amjad Saber, Yousra Jalal,
Sam's Tire Shop; (2) Sarmad Habib, M&M Cars; and, (3)
Danial Dabish, Sasha Dabish, and Livernois Collision
(collectively “Plaintiffs”) filed three separate
lawsuits against six Defendants. The Defendants are
detectives James McMahon and Michael Stout; Anne Moise,
Police Chief for the City of Hamtramck; the City of
Hamtramck; the City of Highland Park; and, the ATPA.
three cases are before Judges Victoria A. Roberts, Paul D.
Borman, and Nancy G. Edmunds. The cases present common
questions of fact and law: they each allege racially targeted
investigations of Arab Americans by the same officers and
illegal searches and seizures.
case has a pending motion to dismiss that presents as a
matter of first impression, whether the ATPA is entitled to
Eleventh Amendment immunity. The underlying facts of the
cases are irrelevant to these motions.
promote judicial efficiency and avoid the risk of
inconsistent adjudications, the cases were consolidated under
Local Rule 83.11(b)(3), for the sole purpose of deciding the
ATPA's motions to dismiss. See E.D. Mich. LR
83.11(b)(3) (“to promote judicial efficiency in cases
not requiring reassignment under the Rules, the
Judges…may jointly order consolidation of some or all
aspects of related cases.”).
The Michigan Automobile Theft Prevention Authority
1992, the Governor of Michigan approved the ATPA Act
(“Act”). Mich. Comp. Laws §§
500.6101-.6111. The ATPA provides state-wide education
programs and financial support to law enforcement agencies,
non-profit organizations, judicial agencies, and prosecutors
- all aimed at the prevention of automobile theft in
Michigan. Id. § 500.6107.
ATPA is managed by a seven-member board comprised of
representatives from law enforcement, automobile insurers,
and consumers of automobile insurance. Id. §
500.6103(3). The Governor appoints this board with the advice
and consent of the Michigan Senate. Id.
Director of the Michigan Department of State Police
supervises the ATPA's budget, procurement, and
administration of its employees. Id. Michigan State
Police headquarters house the ATPA. Id.
ATPA is funded in part by an annual assessment paid by each
Michigan automobile insurer; other funding sources are
grants, donations, and loans. MCL § 500.6107(1). These
funds are “not to be considered State money, ”
and can “only be used for automobile theft prevention
efforts” and “to pay the costs of administration
of the authority.” MCL § 500.6107(3)-(5). The ATPA
must report its activities and finances to the Governor and
Legislature annually. MCL § 500.6110(3).
facts are not in dispute.
STANDARD OF REVIEW