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West Congress Street Partners, LLC v. Wayne County

United States District Court, E.D. Michigan, Southern Division

July 24, 2017

WEST CONGRESS STREET PARTNERS, LLC, Plaintiff,
v.
WAYNE COUNTY, JOHN DOE of THE WAYNE COUNTY SHERIFF'S DEPARTMENT, THE CITY OF DETROIT, IVAN LUCKEY, JUSTIN TAITE, AUSTIN HUNTER, DENNIS SMITH, RANDY McGHEE, AUSTON CARR and WILLIE ROBINSON, Defendants.

          MEMORANDUM AND ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT, (DOCS. 44, 46), AND DISMISSING STATE-LAW CLAIMS [*]

          HON. AVERN COHN UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         A. Case and Parties

         This is a civil rights case.[1] Plaintiff West Congress Street Partners, LLC was a commercial tenant of a rental premises in Detroit. Plaintiff operated a restaurant on the premises.

         Plaintiff 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.

         Plaintiff 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 (Robinson).

         A stipulated order changing the name of defendant “the Wayne County Sheriff's Department” to “Wayne County” has previously been entered, (Doc. 41).

         B. Pending Motions and Disposition

         Before 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.

         II. BACKGROUND

         A. Factual

         The Court's order of June 30, 2016 recites generally the background of the case, (Doc. 16 at 2-4).

         In 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.

         To 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.

         The eviction order later was set aside to give plaintiff the benefit of the full 90 ...


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