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Craft v. Billingslea

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

December 6, 2017

D'Marco Craft and Michaele Jackson, Plaintiffs,
v.
Richard Billingslea, Hakeem Patterson, City of Detroit, Mana Yossif, John Doe Ponytail, John Doe Phone-Taker, and Antoine Hill, Defendants.

          MONA K. MAJZOUB UNITED STATES MAGISTRATE JUDGE

          OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' RENEWED MOTION TO DISMISS [8], AND SETTING DEADLINE FOR ANSWER TO PLAINTIFFS' AMENDED COMPLAINT [7]

          GERSHWIN A. DRAIN UNITED STATES DISTRICT JUDGE

         I.

         Plaintiffs D'Marco Craft and Michaele Jackson filed an initial Complaint on August 22, 2017, and amended their Complaint on September 28, 2017. Dkt. Nos. 1, 7. The Defendants in this action are the City of Detroit, Michigan and Detroit police officers Richard Billingslea, Antoine Hill, Hakeem Patterson, Mana Yossif, John Doe Ponytail, and John Doe Phone-Taker. Dkt. No. 7, pp. 2-3 (Pg. ID 55-56).

         Plaintiffs assert fourteen causes of action against the Defendants, which are as follows:

• Use of excessive force against Jackson in violation of 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments (Count I);
• Unlawful arrest of both Plaintiffs on May 31, 2017 under 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments (Count II);
• Unlawful seizure of Craft's cell phone under 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments (Count III);
• Unlawful search of Craft's cell phone under 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments (Count IV);
• Unlawful prevention of Craft from exercising his First Amendment right to record the police in a public place, under 42 U.S.C. § 1983 and the First and Fourteenth Amendments (Count V);
• Conversion of Craft's cell phone under Michigan Compiled Laws 600.2919a (Count VI);
• Assault and battery of both Plaintiffs under Michigan law (Count VII);
• Unlawful search and arrest of Craft on April 27, 2016, under 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments (Count VIII);
• Malicious prosecution of Craft regarding his April 27, 2016 arrest (Count IX);
• Unlawful detention and search of Craft in June or July 2016, under 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments (Count X);
• Unlawful arrest of Craft in December 2016, under 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments (Count XI); • Unlawful search and arrest of Craft on March 14, 2017, under 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments (Count XII);
• Malicious prosecution of Craft regarding his March 14, 2017 arrest (Count XIII); and
• Violation of 42 U.S.C. § 1983 and the First, Fourth and Fourteenth Amendments as against the City of Detroit (Count XIV).

         Defendant City of Detroit and Defendants Billingslea and Patterson filed on September 30, 2017 a Renewed Motion to Dismiss Plaintiffs' Amended Complaint. Dkt. No. 8. On October 23, 2017, Plaintiffs responded to the motion, and the Defendants ...


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