United States District Court, E.D. Michigan, Southern Division
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY
COHN, UNITED STATES DISTRICT JUDGE.
a 42 U.S.C. § 1983 case. Plaintiff, Jalisa Smith-Warren
(“Smith-Warren”), is suing Detective Frank
Barabas (“Barabas”) and the City of Sterling
Heights for arresting her without probable cause. The
complaint states 10 counts:
(1) 42 U.S.C. § 1983 - Fourth Amendment violation
(2) “False Arrest” under state law,
(3) 42 U.S.C. § 1983 - Malicious Prosecution,
(4) Malicious Prosecution under state law,
(5) Equal Protection Clause violation (“Class of
(6) First Amendment violation - Right to Petition,
(7) Abuse of Process,
(8) Civil Conspiracy,
(9) Constitutional violations, (Failure to train)
(10) Gross Negligence.
(Doc. 1). Smith-Warren seeks compensation in an amount
exceeding $75, 000, as well as costs and attorney fees. Now
before the Court is Defendant's motion for summary
judgment (Doc. 15). For the reasons that follow, the motion
is GRANTED, and this case is DISMISSED.
Facts Relating to Plaintiff's Arrest
parties' motion papers are full of extraneous background
information and do not conform to the Court's motion
practice guidelines. Nevertheless, the Court gleans from the
record the relevant, undisputed facts, which are as follows.
is a Police Detective employed by the City of Sterling
Heights. (Doc. 23, ¶ 3). On January 25, 2016, Barabas
was assigned to investigate reports made by Sean and Krysten
Lynch (“the Lynchs”). The Lynchs say that they
had been receiving threatening and harassing telephone and
email messages. (Id., at ¶ 2, 6).
after Barabas began his investigation, Krysten Lynch
contacted Barabas and told him that her husband, Sean Lynch,
was having an affair with Smith-Warren. Krysten Lynch also
reported that Smith-Warren and her cousin, Diedra Powers
(“Powers”), were sending her harassing text
messages. (Id., at ¶ 8, 9).
Barabas' investigation revealed that some of the
harassing text messages were being sent by Sean Lynch, not
Smith-Warren, in an effort to hide his affair from his wife,
Krysten Lynch. (Id., at ¶ 10). After learning
that Sean Lynch was sending harassing texts to himself and
his wife, Barabas closed the investigation (No. 16-3291).
(Id., at ¶ 11).
March 4, 2016, Sean Lynch went back to the Sterling Heights
Police Department to report that he was receiving harassing
emails. This time, however, the emails were coming from
Powers; Smith-Warren's cousin. (Id., at ¶
12). Once again, Barabas was assigned to investigate Sean
Lynch's harassment report. Sean Lynch showed Barabas ...