United States District Court, E.D. Michigan, Southern Division
MEMORANDUM AND ORDER GRANTING DEFENDANTS' MOTIONS
TO DISMISS THE SECOND AMENDED COMPLAINT, (DOCS. 44, 46), AND
DISMISSING STATE-LAW CLAIMS [*]
AVERN COHN UNITED STATES DISTRICT JUDGE.
Case and Parties
a civil rights case. Plaintiff West Congress Street Partners,
LLC was a commercial tenant of a rental premises in Detroit.
Plaintiff operated a restaurant on the premises.
was evicted from the premises for a default of its lease
pursuant to an eviction order by the Wayne County Circuit
Court. Plaintiff is suing various law enforcement agencies
and personnel for allegedly violating its constitutional
rights in the execution of the eviction order.
names as defendants the Wayne County Sheriff's
Department, John Doe of the Wayne County Sheriff's
Department, the City of Detroit, and Detroit Police
Department Officers Ivan Luckey (Luckey), Justin Taite
(Taite), Austin Hunter (Hunter), Dennis Smith (Smith), Randy
McGhee (McGhee), Auston Carr (Carr) and Willie Robinson
stipulated order changing the name of defendant “the
Wayne County Sheriff's Department” to “Wayne
County” has previously been entered, (Doc. 41).
Pending Motions and Disposition
the Court are motions to dismiss by Wayne County, (Doc. 44),
and by the City of Detroit and Officers Luckey, Taite,
Hunter, Smith, McGhee, Carr and Robinson, (Doc. 46). For the
reasons below, the motions are GRANTED. The case is CLOSED.
Court's order of June 30, 2016 recites generally the
background of the case, (Doc. 16 at 2-4).
2014, Plaintiff's landlord filed an eviction action in
the Wayne County Circuit Court for non-payment of rent and
alteration of the restaurant premises. Plaintiff contested
the landlord's right to evict it. A receiver was
appointed by the Circuit Court to ensure the premises was
maintained during the progress of the case.
resolve the eviction case, the parties agreed to a
case-evaluation award of $125, 000 if plaintiff vacated the
premises within 90 days. Before the 90 days expired, the
landlord pursued an eviction against plaintiff. An order of
eviction was signed by the Circuit Court on May 15, 2015. The
same day, there was an attempt to execute it.
eviction order later was set aside to give plaintiff the
benefit of the full 90 ...