United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR
SUMMARY JUDGMENT 
STEPHEN J. MURPHY, III, United States District Judge
5, 2017, Plaintiff Larry Terry filed a complaint alleging
that Defendant Officer Jeffrey Wawrzyniak violated his Fourth
Amendment rights and that Defendant City of Detroit violated
his First Amendment rights. The parties proceeded to
discovery and, on, December 15, 2017, Defendants filed a
motion for summary judgment. The Court reviewed the motion
and found that a hearing was unnecessary. ECF 19. For the
reasons stated below, the Court will grant Defendants'
motion for summary judgment.
5, 2014, Larry Terry conversed with an unnamed minor outside
17745 W. Davison in Detroit, Michigan ("target
location"). Terry recognized the boy as his
daughter's classmate and agreed to purchase a soda and
chips for him. Detroit police officers observed the boy exit
the house and retrieve something from Terry (who still sat in
his car). Officer Wawrzyniak and the six other Detroit police
officers wore masks and were prepared to execute a
valid search warrant based on suspected drug activity at the
unknown officers ("Unknown Officers") removed Terry
from his car and placed him in handcuffs. They then searched
Terry and his vehicle. The Unknown Officers found two knotted
sandwich bags of marijuana and $167.00 in cash on Terry's
person. The Unknown Officers then took Terry with them to the
house where they tested whether his keys fit the locks. The
keys did not fit.
same time, the other officers, including Officer Wawrzyniak
(collectively "Entry Team"), handcuffed the young
man and took him into the house. No. force was necessary to
enter. The Entry Team secured the house. Upon searching the
target location, the Entry Team found 114 individually
packaged plastic zipper bags containing marijuana and six
knotted sandwich bags containing marijuana. The Entry Team
discovered a digital scale, unused sandwich bags, and a cell
phone with photos of the young man with firearms at the
the Entry Team searched the house, the Unknown Officers
entered the residence with Terry. At this point, Officer
Wawrzyniak searched Terry three or four times. Non-serious
injuries resulted from Terry's detainment. He complained
of "a line on [his wrist], " but he did not bleed.
ECF 16-2, PgID 123. He did not suffer any other physical
about one hour,  Officer Wawrzyniak issued Terry a citation
for loitering in a place of illegal occupation (LIPIO)
pursuant to Detroit City Ordinance 38-5-1
("Ordinance"). The Ordinance makes it a misdemeanor
for any person to "loiter in a place of illegal
occupation with the intent to engage in such illegal
occupation." Terry received a court-appointed lawyer and
the ticket was dismissed.
then filed his lawsuit against Officer Wawrzyniak and the
City of Detroit for alleged violations of his First, Fourth,
and Fourteenth Amendment rights.
judgment is proper if there is "no genuine dispute as to
any material fact and the movant is entitled to judgment as a
matter of law." Fed.R.Civ.P. 56(a). A fact is material
for purposes of summary judgment if its resolution would
establish or refute an "essential element of a cause
of action or defense asserted by the parties[.]"
Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir.
considering a motion for summary judgment, the Court must
view the facts and draw all inferences in the light most
favorable to the non-moving party. Stiles ex rel. D.S. v.
Grainger Cty., 819 F.3d 834, 848 (6th Cir. 2016). The
Court must then determine "whether the evidence presents
a sufficient disagreement to require submission to a jury or
whether it is so one-sided that one party must prevail as a
matter of law." Anderson v. Liberty Lobby,
Inc., 477 U.S. 242, 251-52 (1986). And although the
Court may not make credibility judgments or weigh the
evidence, Moran v. Al Basit LLC, 788 F.3d 201, 204
(6th Cir. 2015), a mere "scintilla" of evidence is
insufficient to survive summary judgment; "there must be
evidence on which the jury could reasonably find for the
plaintiff, " Anderson, 477 U.S. at 252.