UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
MEKKEL RICHARDS, and ADAM MALINOWSKI, Plaintiffs, Case No. -vs- Honorable: Magistrate: CITY OF DETROIT, Assistant Chief STEVE DOLUNT, [F.N.U.] GADWELL (#3611), [F.N.U.] REIZIN (#3545), D. LOPEZ, [F.N.U.] PETROFF, Sgt. [F.N.U.] BRANNOCK (#S-284), jointly and severally, and in their official and individual capacities. Defendants. _____________________________________________________________________________/ Godwin Legal Services, PLC Shaun P. Godwin (P74500) Attorney for Plaintiffs 450 W Fort St, Ste 200 Detroit, Michigan 48226 313-288-2826/Fax: 313-457-1670 shaun@godwinlegal.com Constitutional Litigation Associates, PC Hugh M. Davis (P12555) Cynthia Heenan (P53664) Co-Counsel for Plaintiffs 450 W. Fort St., Ste. 200 Detroit, MI 48226 (313) 961-2255/Fax: 313-922-5130 Davis@ConLitPC.com; Heenan@ConLitPC.com; Info@ConLitPC.com _____________________________________________________________________________/
COMPLAINT AND JURY DEMAND
Plaintiffs, MEKKEL RICHARD
S (“RICHARDS”)
and ADAM MALINOWSKI
(“MALINOWSKI”), thro
ugh their attorney Shaun P. Godwin of Godwin Legal Services, PLC, for their complaint state as follows:
JURISDICTION AND VENUE
1.
This action arises under the First, Fourth, Fifth and Fourteenth Amendments to the United States Constitution. These rights are enforceable against state actors, pursuant to 42 U.S.C. § 1983.
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2 2.
Jurisdiction is conferred by 28 USC 1331 (federal question), 28 USC § 1343 (civil rights), and 28 USC § 1367 (pendent jurisdiction over state law claims). 3.
The amount in controversy exceeds $75,000.00, exclusive of interest and costs. 4.
Venue is proper in the Eastern District of Michigan pursuant to 28 USC § 1391 inasmuch as the acts complained of occurred there and all of the parties reside there. 5.
The rights of Plaintiffs, under the First, Fourth, Fifth and Fourteenth Amendment, to document the public actions of government officials free from interference, retaliation, unreasonable searches and seizures, including excessive force and false arrest, and destruction of property without due process, were clearly established at the time of the acts complained of on June 23, 2014, and Defendants are not entitled to qualified immunity.
JURY DEMAND
6.
Plaintiff hereby demands trial by jury of the above-entitled cause of action.
PARTIES
7.
Plaintiff MEKKEL RICHARDS is a citizen of the State of Michigan, who was a 22-year-old student studying journalism at Oakland University at the time of the events complained of and resided in the City of Detroit, County of Wayne. 8.
Plaintiff ADAM MALINOWSKI is citizen of the State of Michigan, who was a 20- year-old student studying political science at Eastern Michigan University at the time of the events complained of and resided in the City of Ypsilanti, County of Washtenaw. 9.
Defendant
CITY OF DETROIT (“DETROIT”)
is a municipal corporation organized under the laws of the State of Michigan that is located in the County of Wayne in the Eastern District of Michigan, which operates the Detroit Police Department
(“DPD”)
as a part of its responsibilities and services. At all times relevant herein, this Defendant acted under color of
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3 regulation, usage, custom, and law and pursuant to its policies and practices, as did the individual Defendants herein. 10.
Defendant Assistant Chief of
Police STEVE DOLUNT (“DOLUNT”) is
, or was at the time of the matters complained of, a police officer and supervisor employed by the City of Detroit who on information and belief is a resident of Wayne County, Michigan and who at all times was acting within the course and scope and of his official duties and under color of state law. He is sued in his individual and official capacity. 11.
Defendant [F.N.U.] GADWELL
(#3611) (“
GADWELL
”) is
, or was at the time of the matters complained of, a police officer and supervisor employed by the City of Detroit who on information and belief is a resident of Wayne County, Michigan and who at all times was acting within the course and scope and of his official duties and under color of state law. He is sued in his individual capacity and official capacity. 12.
Defendant [F.N.U.]
REIZIN (#3545) (“REIZIN”) is,
or was at the time of the matters complained of, a police officer employed by the City of Detroit who on information and belief is a resident of Wayne County, Michigan and who at all times was acting within the course and scope and of his official duties and under color of state law. He is sued in his individual capacity. 13.
Defendant D. LOPEZ (“LOPEZ”) is
, or was at the time of the matters complained of, a police officer employed by the City of Detroit who on information and belief is a resident of Wayne County, Michigan and who at all times was acting within the course and scope and of his official duties and under color of state law. He is sued in his individual capacity. 14.
Defendant [F.N.U.] PETROFF
(“PETROFF”
) is , or was at the time of the matters complained of, a police officer employed by the City of Detroit who on information and belief is
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