Case 2:07-cv-11107-SJM-MJH Document 38 Filed 07/08/08 Page 1 of 63

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Jennifer Thompson, Corey Anderson, Olatokunbo Bajulaiye, Michael Bird, Matthew Boedecker, Nathan Boisclair, Jessica Bremer, Alan Buckel, Crystal Camp, Joshua Camp, Nicholas Carmisito, Shawn Carson, Christiana Childers, Guy Courts, Anne Crivea, Daniel Desprez, Krista Dutcher, Ron Easton, Jr., Tyler Elgin, Victoria Hamilton, Douglas Holmes, Henry Johnson, Corliss Kalchert, Brian Kenny, Jessica King, Brennan LaFleur, Scott LaFleur, Jennifer Leal, J.T. Gordon Littleton, Jeffrey Manns, Scott Marshall, Mark Nuzzolilo, Jesse, Nyboer, Kylie Nyboer, Brandon Okamoto, Bradley O’Neil, Andrew Popp, Danielle Ramiller, Daniel Rawdon, Dominic Rocco, Danielle Sanders, Jason Sanders, Frank Schumacher, Paul Schweizer, Christopher Secord, Gary Sereno, II, Christopher Smith, Patricia Smith, Shawn Swinehart, Robin Thomas, John Turner, Garrett Whipple, Dustin Winn and Rachel Zitta, individually, and on behalf of all other similarly situated individuals,

Case No.:4:07-cv-11107
HON. PAUL V. GADOLA
Mag. Judge Steven R. Whalen

Plaintiffs,
vs.

City of Flint, a municipal Michigan corporation; Gary Hagler, Flint Chief of Police, in his individual and official capacities; Genesee County; Robert J. Pickell, Genesee County Sheriff, in his individual and official capacities; Flint Police Officers Michael Beaver, Richard Besson, Colin Birnie, Mark Blough, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, William Meyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Smith, Wayne Suttles, Sondra Taylor, Dominic Teft, Michael Vance, Rogelio Villarreal, Scott W atson and Terrell Weston, in their individual and official capacities; Genesee County Deputies Jeff Antcliff, Dean Curtis, Sandy Dunlap, David Dwyre, David MacDonald, Gerald Parks, Tom Pyles, Kevin Shanlian, Russ Sorenson, Chris Swanson, Mike Tocarchick, Jerry Willhelm and Mike Wolosuk, in their individual and official capacities; jointly and severally,

SECOND AMENDED COMPLAINT FOR DAMAGES,
INJUNCTIVE, AND DECLARATORY RELIEF WITH
RELIANCE ON JURY DEMAND

Defendants.
Pitt M cGehee Palm er Rivers & Golden, P.C. M ichael L. Pitt (P24428) Peggy Goldberg Pitt (P31407) Maureen M. Crane (P58904) Cooperating Attorneys, ACLU Fund of M ichigan 117 W est Fourth Street, Suite 200 Royal Oak, MI 48067 (248) 398-9800
Kenneth M . M ogill (P17865) M ogill, Posner & Cohen Cooperating Attorneys, ACLU Fund of M ichigan 27 E. Flint Street, Fl. 2 Lake Orion, M I 48362 (248) 814-9470
Elizabeth L. Jacobs (P24245) Cooperating Attorney, ACLU Fund of M ichigan 615 Griswold Street, Suite 1125 Detroit, MI 48226 (313) 962-4090

M ichael J. Steinberg (P43085) Kary L. Moss (P43759) American Civil Liberties Union Fund of M ichigan Attorneys for Plaintiffs 60 W est Hancock Street Detroit, MI 48221 (313) 578-6814
Gregory T. Gibbs (P26440) Jeanmarie M iller (P44446) Law Office of Gregory T. Gibbs Cooperating Attorneys, ACLU Fund of M ichigan 717 S. Grand Traverse Street Flint, M I 48502 (810) 239-9470

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H. W illiam Reising (P19343) Plunkett & Cooney, P.C. Attorneys for Defendants: Genesee County and Genesee County Deputies 111 E. Court Street, Suite 1B Flint, M I 48502 (810) 342-7001
Daniel Klemptner (P68691) Assistant City Attorney Trachelle C. Young (P63330) Chief Legal Officer Attorneys for City of Flint and Gary Hagler 1101 S. Saginaw Street, 3rd Floor Flint, M I 48502 (810) 766-7146

M ichael W . Edmunds (P55748) W illiam J. Brickley (P36716) Garan Lucow M iller, P.C. Attorneys for Defendant Flint police officers 8332 Office Park Drive Grand Blanc, M I 48439 (810) 695-3700
G. Gus M orris (P32960) Kupelian Ormond & M agy, P.C. Attorney for Defendant Officer M ichael W olosuk 25800 Northwestern Highway, Suite 950 Southfield, M I 48075 (248) 357-0000

SECOND AMENDED COMPLAINT FOR DAMAGES, INJUNCTIVE, AND DECLARATORY RELIEF WITH RELIANCE ON JURY DEMAND

Plaintiffs, by and through their undersigned counsel, complain against Defendants as

follows:

I. NATURE OF ACTION

1. This civil rights action arises from the unlawful warrantless arrest of Plaintiffs at an

electronic music event held at a licensed Flint nightclub on March 20, 2005. Plaintiffs were,

without probable cause, handcuffed, patted down, strip-searched (and in some cases, body cavity

searched), seized of their personal possessions, verbally abused, physically assaulted and ticketed

for a misdemeanor, Frequenting a Disorderly House under Section 31-11(e) of a Flint City

Ordinance. On October 13, 2006, the Genesee County Circuit Court ruled there was no probable

cause for the Plaintiffs’ arrests, and on January 9, 2007, the charges were dismissed with prejudice.

2. Plaintiffs bring this action to vindicate individual constitutional and statutory rights

which were blatantly violated by Defendants, acting under color of state law in concert with one

another, in reckless and deliberate disregard of fundamental rights and freedoms guaranteed all

law-abiding citizens of the United States.

3. Plaintiffs seek monetary, compensatory and punitive damages, injunctive and

declaratory relief, pursuant to 42 U.S.C. § 1983, for deprivation of their Fourth Amendment rights

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to be free from unreasonable search and seizure and their First Amendment rights to free speech, association and assembly. They also seek relief for false arrest and imprisonment, assault and battery, intentional infliction of emotional distress, and for violation of Michigan statutes, M.C.L. § 764.25a and § 764.25b, prohibiting warrantless strip searches and body cavity searches conducted in the manner alleged below.
II. JURISDICTION AND VENUE 4. This Court has original subject matter jurisdiction under 28 U.S.C. § 1331 (federal question); 28 U.S.C. § 1343 (original jurisdiction over civil rights claims); and 28 U.S.C. §§ 2201 and 2202 (declaratory relief). 5. This Court has supplemental jurisdiction under 28 U.S.C. § 1367 because Plaintiffs’ state law claims form part of the same case or controversy as Plaintiffs’ § 1983 claims over which this Court has original subject matter jurisdiction. 6. Venue is proper under 28 U.S.C. § 1391(b) because the events or omissions giving rise to the claims occurred in this District.
III. DESCRIPTION OF THE PARTIES 7. Plaintiffs are citizens and domiciliaries of the United States who attended an electronic music event on March 20, 2005, at Club What’s Next, a licensed nightclub in Flint, Michigan. 8. Defendant City of Flint is a municipal corporation in Genesee County, Michigan, subject to the laws and constitutions of the State of Michigan and the United States.
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9. Defendant Genesee County is governed by the Genesee County Board of Commissioners, and is subject to the laws and constitutions of the State of Michigan and the United States.
10. Defendant Gary Hagler is, and was at all relevant times, the duly appointed Chief of the Flint Police Department and is sued in his official and individual capacities.
11. Defendant Robert Pickell is, and was at all relevant times, the duly elected Sheriff of Genesee County, and is sued in his official and individual capacities.
12. Defendants Michael Beaver, Richard Besson, Colin Birnie, Mark Blough, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, William Meyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Smith, Wayne Suttles, Sondra Taylor, Dominic Teft, Michael Vance, Rogelio Villarreal, Scott Watson and Terrell Weston, are or were employed as law enforcement officers by the City of Flint Police Department at all relevant times, and were individually and/or jointly responsible for the violations of law alleged herein. These Defendants are sued in their official and individual capacities.
13. Defendants Jeff Antcliff, Dean Curtis, Sandy Dunlap, David Dwyre, David MacDonald, Gerald Parks, Tom Pyles, Kevin Shanlian, Russ Sorenson, Chris Swanson, Mike Tocarchick, and Jerry Willhelm, are or were employed as law enforcement officers by the Genesee County Sheriff’s Department at all relevant times, and were individually and/or jointly responsible for the violations of law alleged herein. These Defendants are sued in their official and individual capacities.
14. Defendant Mike Wolosuk was and is employed as a patrol officer with the Mount Morris Township Police Department.
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15. For purposes of this Complaint, “Defendant officer” refers to one or more (“Defendant officers”) individuals named above in paragraphs 12, 13 and 14.
IV. GENERAL ALLEGATIONS 16. Club What’s Next (“the Club”) is a licensed nightclub located at 2511 W. Pasadena Avenue in Flint, Michigan. In March 2005, the Club had been in business for over ten (10) years and was open to members of the public. 17. In March 2005, the Club was available for rental by private companies sponsoring music events. These companies promoted the events and hired deejays to provide the featured entertainment. 18. On March 19, 2005, Jell-Oh Productions had rented Club What’s Next to hold an electronic music event open to the public. 19. Electronic music encompasses a broad set of percussive music genres originating from the 1970’s disco music and contemporary pop music. The music is created and performed by a deejay through an artistic manipulation of various electronic instruments such as synthesizers, drum machines, and sequencers. Electronic music events feature performance artists, dancing, and use of visual stimuli such as light shows. 20. On March 19, 2005, Plaintiffs went to Club What’s Next to listen to, perform, dance to and/or watch deejays perform electronic music and to associate with people interested in electronic music. 21. Sometime in January of 2005, according to Flint Police Department (“FPD”) records, Defendant Sergeant William Meyer of the FPD Special Operations Bureau learned of the music
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event from reading an internet message board he happened upon while investigating so-called "rave parties."
22. Defendant Meyer informed Defendant Lieutenant Phillip Smith in January of 2005 that an alleged “rave party” was going to be held at Club What’s Next on March 19, 2005. It was decided that Meyer would send undercover officers into the Club that night to attempt purchases of “Rave party type of drugs.”
23. During the first week of March 2005, according to FPD records, Defendant Meyer and Defendant Captain Chris Swanson of the Genesee County Sheriff’s Department (“GCSD”) agreed that the GCSD would assist the FPD in its activities in relation to the alleged “rave party” at the Club.
24. On the night of the event, Defendant Meyer held a briefing with Defendant officers from the FPD and GCSD. During the briefing, according to FPD records, “[o]fficers were advised that if the undercover agents purchase drugs and drugs were being sold and used openly, all subjects in the bar would be placed under arrest for Frequenting a Drug House, when the officers entered.” (emphasis added).
25. Shortly after midnight on March 20, 2005, according to FPD records, three civilian agents and two undercover FPD officers entered the Club to attempt to purchase illegal drugs.
26. The undercover officers and/or agents approached some of the Plaintiffs attempting to make drug buys, but the Plaintiffs turned them away. These unsuccessful attempts put Defendants on notice that there were persons in the Club who were not in possession of, or involved in selling, illegal drugs.
27. At the time, there were about 120 attendees in the Club.
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28. Four attendees, none of whom is a Plaintiff in this action, allegedly sold drugs to undercover agents and officers.
29. The undercover agents or officers notified Defendant Meyer of the alleged drug buys at about 1:40 a.m., at which time, Meyer advised all Defendant officers waiting outside to enter and arrest everyone in the Club.
30. Plaintiffs, at the time, were listening to the music, performing, dancing, enjoying the entertainment and/or engaging in other innocent lawful and constitutionally-protected activity, when Defendant officers stormed into the Club, yelling profanities, and announcing that everyone was under arrest, and shoving, pushing, grabbing, and ordering everyone to stand face first against the walls and “shut the fuck up.”
31. Plaintiffs were arrested based on their mere presence in the Club. 32. At the time of each individual Plaintiff’s arrest, Defendants did not know the following about each individual Plaintiff:
a. When the Plaintiff originally entered the Club; b. How long the Plaintiff had been in the Club; c. Where the Plaintiff had been in the Club before police arrived; d. Individuals with whom the Plaintiff associated while inside the Club; e. Whether the Plaintiff had ever been to the Club before; f. Whether the Plaintiff was aware of any drug activity; g. Whether the Plaintiff could recognize the smell of marijuana; h. Whether the Plaintiff could identify a substance as Ecstasy; or i. Whether the Plaintiff could recognize drug paraphernalia.
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33. Defendant officers nevertheless seized the Plaintiffs, bound their hands behind their backs with handcuffs (or “zipties”), patted them down, searched wallets and cigarette packs retrieved from pants pockets and/or purses, and confiscated their personal identifications.
34. While Plaintiffs stood facing the wall handcuffed, not knowing what was happening or why, Defendant officers began calling out their names one-by-one.
35. As their names were called out, Plaintiffs were removed from their wall position and ordered to stand in one of several lines for reasons unknown to them at the time.
36. When some Plaintiffs respectfully asked what was happening, Defendant officers yelled at them to “shut the fuck up.”
37. During the arrests, Defendant officers individually and collectively took steps to conceal their identities from the Plaintiffs by refusing to give their names on request and/or covering their badges. Further, Defendant officers failed to prepare the disclosure reports required under Michigan’s strip search and body cavity search statutes, M.C.L. §762.25a(4) and §762.25b(6), respectively.
38. Upon information and belief, Plaintiffs identified to be deejays or event organizers were ordered to stand in the so-called “felony” line while the rest were sent to other lines.
39. Defendant officers then began removing Plaintiffs from the line and walking them to the restrooms. Male Plaintiffs were taken by male Defendant officers to the men’s restroom. Females were taken by female officers to the women’s restroom.
40. Plaintiffs were then subjected to degrading strip searches. 41. Most of the strip searches took place in the restrooms.
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42. In many cases, the strip searches were performed in the presence of non-assisting police officers and other persons being (or waiting to be) strip-searched.
43. In some cases, the strip searches were performed in plain view of onlookers who could see inside the restroom through an open door.
44. During the strip searches, Defendant officers required Plaintiffs to remove their pants and in most cases, their underwear, exposing their bare genitalia and buttocks.
45. Many Plaintiffs were forced to walk around naked in a circle, bend over, spread their buttocks cheeks, and cough while Defendant officers shone a flashlight on and/or visually examined their rectal cavity for contraband.
46. Most of the Plaintiffs were still handcuffed during their strip searches and were unable to undress themselves. In those cases, the Defendant officers undressed the Plaintiffs, strip-searched them, and put the Plaintiffs’ clothes back on, while keeping the Plaintiffs restrained in handcuffs behind their back.
47. Defendant officers subjected certain Plaintiffs, including Jennifer Thompson, Christopher Secord, Brennan LaFleur and Danielle Ramiller, to extremely degrading body cavity searches for contraband.
48. Defendant officers used excessive force against Plaintiffs by pushing, shoving, grabbing, and/or using other unnecessary physical force and intimidation even though Plaintiffs did not provoke Defendants nor resist arrest.
49. Plaintiffs were subjected to a barrage of profanity and name-calling by Defendant officers, inappropriate sexual advances, ethnic remarks, insults and slurs against individuals perceived to be gay or lesbian, and other forms of verbal abuse and intimidation.
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50. Defendant officers processed Plaintiffs en masse through fingerprinting and booking, and issued misdemeanor citations for Frequenting a Disorderly House under Section 3111(e) of the Flint City Ordinance.
51. Many Plaintiffs were issued citations before they were strip-searched. 52. Plaintiffs who had driven their own vehicles to the Club were escorted to their cars by Defendant officers and compelled to surrender their car keys as a condition of being released from police custody. Defendants searched Plaintiffs’ vehicles without their voluntary consent, ransacking the inside compartments and searching inside the trunks. 53. Police remained on the premises from approximately 1:40 a.m. until about 7:00 a.m., by which time most of the Plaintiffs had finally been released.
V. ALLEGATIONS OF INDIVIDUAL PLAINTIFFS PLAINTIFF CORY L. ANDERSON
54. Plaintiff Cory Anderson resides in Washtenaw County, Michigan. 55. On the night of March 19, 2005, Anderson went to Club What’s Next to listen to electronic music with friends. 56. Anderson was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 57. Anderson was strip-searched in the men’s restroom in the presence of another attendee and non-assisting officer. Anderson was required to remove his underwear exposing his genitalia and buttocks. After ordering Anderson to turn around, the Defendant officer separated Anderson’s legs, ordered him to bend over and spread his buttocks cheeks, and performed a humiliating visual examination of his rectal cavity.
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PLAINTIFF OLATOKUNBO O. BAJULAIYE 58. Plaintiff Olatokunbo Bajulaiye resides in Genesee County, Michigan. 59. On the night of March 19, 2005, Bajulaiye went to Club What’s Next to listen to electronic music with friends. 60. Bajulaiye was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 61. Bajulaiye was strip-searched in the presence of other male and female attendees and non-assisting officers in the hallway entrance to the men’s restroom. Bajulaiye was required to remove his underwear, exposing his genitalia and buttocks for a humiliating visual examination by a Defendant officer. 62. Bajulaiye witnessed and heard Defendant officers ridiculing certain male attendees for appearing to be gay and making derogatory remarks that these men could cavity search themselves and "stick their fingers in each other’s asses."
PLAINTIFF MICHAEL W. BIRD 63. Plaintiff Michael Bird resides in Maricopa County, Arizona. 64. On the evening of March 19, 2005, Bird went to Club What’s Next to listen to electronic music with friends. 65. Bird was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 66. Without provocation, a Defendant officer hooked Bird’s right arm around his right arm and pushed his left hand in the middle of Bird’s back shoving Bird against the wall while yelling close to his face, “Shut the fuck up” and “Don’t look me in the face.”
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67. Bird was strip-searched in the men’s restroom in the presence of other male attendees and non-assisting officers. Bird was required to remove his pants and underwear, exposing his genitalia and buttocks. Bird was ordered to lift his testicles, then squat and cough for a humiliating visual examination of his rectal cavity.
68. Bird witnessed and heard a Defendant officer, believed to be Officer Villarreal, and another Defendant officer, make offensive comments of a sexual nature to a female attendee regarding her looks, buttocks, and dress. One officer commented that he bet this female attendee had a good looking mother.
PLAINTIFF MATTHEW BOEDECKER 69. Plaintiff Matthew Boedecker resides in Genesee County, Michigan. 70. On the night of March 19, 2005, Boedecker went to Club What’s Next to listen to electronic music with friends. 71. Boedecker was arrested, handcuffed, patted down, and searched by Defendant officers for no reason other than he happened to be present in the Club. 72. Boedecker was strip searched in the men’s restroom in the presence of other male attendees and non-assisting officers. Boedecker was required to remove his pants and underwear, exposing his genitalia and buttocks. Boedecker was ordered to lift his testicles, then squat and cough for a humiliating visual examination of his rectal cavity. 73. Defendant officers searched Boedecker’s vehicle without his voluntary consent.
PLAINTIFF NATHAN D. BOISCLAIR 74. Plaintiff Nathan Boisclair resides in Genesee County, Michigan. 75. Boisclair worked as a deejay at Club What’s Next on March 19, 2005.
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76. Boisclair was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
77. Boisclair was strip-searched twice in the men’s restroom. Both searches were done in the presence of other male attendees and non-assisting officers. Both times, Boisclair was required to remove his underwear, exposing his genitalia and buttocks for a humiliating visual examination by the Defendant officer. Boisclair was also told to empty his pockets, at which time the Defendant officer searched his wallet and cigarette pack. The Defendant officer also searched Boisclair’s shoes including the shoe lining.
78. Defendant officers searched Boisclair’s vehicle without his voluntary consent. PLAINTIFF JESSICA A. BREMER
79. Plaintiff Jessica Bremer resides in Genesee County, Michigan. 80. On the evening of March 19, 2005, Bremer went to Club What’s Next to listen to electronic music with friends. 81. Bremer was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than she happened to be present in the Club. 82. Bremer was strip-searched in the women’s restroom by a female officer. Bremer was required to remove her pants, exposing her underwear, and ordered to put her hand on the counter, squat down, and “push.”
PLAINTIFF ALAN L. BUCKEL 83. Plaintiff Alan Buckel resides in Genesee County, Michigan. 84. Buckel went to the March 19, 2005 event at Club What’s Next to listen to electronic music with friends.
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85. Buckel was arrested, handcuffed, patted down four times, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
86. Buckel was strip-searched in the presence of other male attendees and non-assisting officers in the men’s restroom. While Buckel was handcuffed, the Defendant officer pulled up his shirt and pulled Buckel’s pants down, exposing his underwear, and visually examined Buckel’s genitalia and buttocks by pulling his underwear away from his skin and ordering Buckel to squat down.
87. Buckel witnessed and heard Defendant officers gloating about having successfully restrained all the attendees, and making threats such as, "We’re gonna shove our fingers up your asses and strip search you ... can’t wait," or similar words.
PLAINTIFF CRYSTAL CAMP 88. Plaintiff Crystal Camp resides in Genesee County, Michigan. 89. On the night of March 19, 2005, Camp went to Club What’s Next to listen to electronic music with friends. 90. Camp was arrested, handcuffed, patted down, and searched by Defendant officers for no reason other than she happened to be present in the Club.
PLAINTIFF JOSHUA D. CAMP 91. Plaintiff Joshua Camp resides in Colbert County, Alabama. 92. On the night of March 19, 2005, Camp went to Club What’s Next to listen to electronic music with friends. 93. Camp was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
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94. Camp was strip-searched in the men’s restroom in the presence of other male attendees and non-assisting officers. A Defendant officer lifted up Camp’s shirt, pulled down his pants and underwear, exposing his genitalia and buttocks, and groped Camp’s testicles causing extreme humiliation.
95. Camp observed and heard officers use extreme force, slamming an attendee against the wall for respectfully asking the officers why they were arresting everyone.
96. Camp witnessed and heard Defendant officers making inappropriate remarks of a sexual nature toward female attendees, commenting on one’s "big boobs."
PLAINTIFF NICHOLAS L. CARMISINO 97. Plaintiff Nicholas Carmisino resides in Genesee County, Michigan. 98. Carmisino went to the March 19, 2005 event at Club What’s Next to listen to electronic music with friends. 99. Carmisino was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 100. Carmisino was strip-searched in the men’s restroom in the presence of other male attendees and non-assisting officers. The Defendant officer felt Carmisino’s legs and upper body, lifted Carmisino’s shirt above his chest and required Carmisino to remove his pants, exposing his underwear, for visual examination. 101. Carmisino was forced to turn over his car keys to a Defendant officer before he could leave the premises. Defendant officers searched Carmisino’s vehicle, including the trunk, without his voluntary consent.
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PLAINTIFF SHAWN J. CARSON 102. Plaintiff Shawn Carson resides in Genesee County, Michigan. 103. Carson went to the March 19, 2005 event at Club What’s Next to listen to electronic music with friends. 104. Carson was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 105. Carson was strip-searched in the men’s restroom in the presence of other male attendees and non-assisting officers. Carson was required to remove his pants and underwear, exposing his genitalia and buttocks. A Defendant officer then ordered Carson to lift up his testicles, turn around, squat, and spread his buttocks cheeks apart for a humiliating visual examination of his rectal cavity. 106. Carson witnessed and heard Defendant officers verbally abusing female attendees. In one instance, Carson observed a male officer point his flashlight on a female attendee’s breasts and then lower the flashlight down her body and say, “You’re coming with me, bitch,” and threatening to take her to jail where she was “going to get raped.” 107. Defendant officers searched Carson’s vehicle without his voluntary consent.
PLAINTIFF CHRISTIANA A. CHILDERS 108. Plaintiff Christiana Childers resides in Macomb County, Michigan. 109. On the evening of March 19, 2005, Childers went to Club What’s Next to listen to electronic music and celebrate a friend’s birthday. 110. Childers was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than she happened to be present in the Club.
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111. Childers asked Defendant officers to cuff her hands in front instead of behind her back because she had a permanent injury on her wrist from a car accident. Defendant officers refused and placed the handcuffs behind her back.
112. Childers was strip-searched in the women’s restroom by a female officer. Childers was required to drop her pants, exposing her underwear for visual examination. The Defendant officer ordered Childers to place her hands above her head, while the officer reached inside Childers’ shirt, pulled her brassiere, shook it, and gave Childers another pat down. When Childers needed to use the restroom, she was not allowed to close the stall door and was denied the use of toilet paper.
113. Childers heard Defendant officers calling certain attendees "faggots." 114. The booking officer told Childers she was going to jail for a very long time, that she would not see the light of day, and said, "You can kiss your ass goodbye.”
PLAINTIFF GUY D. COURTS 115. Plaintiff Guy Courts resides in Genesee County, Michigan. 116. Courts worked as a deejay at a wedding on the night of March 19, 2005. On his way home from the wedding, Courts and friends drove by Club What’s Next and decided to stop in to listen to the electronic music. 117. Courts was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 118. Courts was strip-searched twice in the men’s restroom in the presence of other male attendees and non-assisting officers.
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119. In the first strip search, the Defendant officer removed Courts’ shoes, socks, belt, pants and underwear, exposing his genitalia and buttocks, and ordered Courts to bend over for a humiliating visual examination of his rectal cavity.
120. Courts was again strip-searched about an hour later. A Defendant officer patted him down, removed his shoes and pants, exposing his underwear, and felt around the elastic band of Courts’ underwear.
PLAINTIFF ANNE M. CRIVEA 121. Plaintiff Anne Crivea resides in Genesee County, Michigan. 122. On the night of March 19, 2005, Crivea went to Club What’s Next to listen to electronic music with friends. 123. Crivea was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than she happened to be present in the Club. 124. Crivea was strip-searched twice. 125. The first strip search was conducted by two female officers in the room behind the deejay’s booth. Defendant officers searched Crivea’s pockets, pulled down her pants, exposing her underwear, lifted up her shirt, felt inside her brassiere, searched her socks and inside her shoes. 126. The second strip search took place in the women’s restroom in the presence of two female officers. The Defendant officer searched Crivea’s pockets and patted her legs again. When the officer started to search under Crivea’s shirt, the second officer asked the other officer if she had looked “in here” and exposed Crivea’s breasts.
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127. Crivea was subjected to verbal abuse and intimidation by Defendant officers, including inappropriate remarks such as she was only in the Club “for the booty."
128. Defendant officers searched Crivea’s vehicle without her voluntary consent. PLAINTIFF DANIEL J. DESPREZ
129. Plaintiff Daniel Desprez resides in Macomb County, Michigan. 130. On the evening of March 19, 2005, Desprez went to Club What’s Next to socialize with friends. 131. Desprez was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 132. Desprez’s back became sore after standing handcuffed for some time. When he asked a Defendant officer if he could lean against the mirrored wall, the Defendant officer said, “How about you look at the ground,” or similar words. The officer used his feet to cause Desprez to lose his balance, and bend his knees and then used the handcuff to lower Desprez to the ground face to the floor. Desprez was forced to lie on the floor with his face against the cold, dirty tile for an hour or longer. 133. Desprez was strip-searched in the men’s restroom in the presence of two nonassisting officers. Desprez was required to remove his pants and underwear, exposing his genitalia and buttocks. The Defendant officer then ordered Desprez to bend over and spread his legs, at which point, the officer shone a flashlight on his rectal cavity. 134. During the strip search, three officers in the restroom were laughing at Desprez, causing him further humiliation and embarrassment.
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PLAINTIFF ANDREA M. DOYLE 135. Plaintiff Andrea Doyle resides in Macomb County, Michigan. 136. On March 19, 2005, Doyle went to Club What’s Next to listen to electronic music with friends and celebrate a friend’s birthday. 137. Doyle was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than she happened to be present in the Club. 138. A Defendant officer told Doyle to “shut the fuck up” when she asked him what was going on as he was restraining her in handcuffs. 139. Doyle was strip-searched by a female Defendant officer in a back room where the deejays set up. The room had a large window. The Defendant officer lifted up Doyle’s shirt, exposing and pulling her brassiere away from her body, exposing her breasts. The defendant officer then lifted up Doyle’s skirt exposing her underwear. 140. Doyle witnessed and heard Defendant officers, without provocation, yelling at attendees to “shut the fuck up” and telling one female attendee who was crying inconsolably in fear, “You brought this on yourself ... you’re a stupid bitch.” 141. Defendant officers searched Doyle’s vehicle without her voluntary consent.
PLAINTIFF KRISTA E. DUTCHER 142. Plaintiff Krista Dutcher resides in Genesee County, Michigan. 143. On the evening of March 19, 2005, Dutcher went to Club What ’s Next to play pool with friends. 144. Dutcher was arrested, handcuffed, patted down, and searched by Defendant officers for no reason other than she happened to be present in the Club.
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145. Defendant officers searched Dutcher’s purse, dumping the contents on the floor and sorting through the items.
146. Dutcher was subjected to verbal abuse and intimidation by the arresting officers, who made inappropriate comments of a sexual nature. When Dutcher was being booked, the officer preparing her paperwork stopped the officer next to him and said, "Stop whatever you’re doing .. Isn’t this the hottest bitch in this joint ... it’s a shame."
PLAINTIFF RONALD J. EASTON, JR. 147. Plaintiff Ronald Easton resides in Oakland County, Michigan. 148. On the evening of March 19, 2005, Easton went to Club What’s Next to listen to electronic music with friends. 149. Easton was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 150. Easton was strip-searched in the men’s restroom in the presence of another male attendee and non-assisting officer. A Defendant officer ordered Easton to remove all of his clothing, exposing his genitalia and buttocks, and then instructed Easton to lift his testicles, turn around, spread his legs, and bend over for a humiliating visual examination of his rectal cavity. 151. During the arrests, Easton heard a female screaming with fright, and a Defendant officer yelling, “Make her eat the floor ... crack her skull.” 152. Defendant officers searched Easton’s vehicle without his voluntary consent.
PLAINTIFF TYLER J. ELGIN 153. Plaintiff Tyler Elgin resides in Wayne County, Michigan.
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154. On the evening of March 19, 2005, Elgin went to Club What’s Next to listen to electronic music with friends.
155. Elgin was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
156. Elgin was strip-searched in the men’s restroom with the door open, in the presence of other male attendees being searched and non-assisting officers. Males and females walking down the hallway could see Elgin being searched. A Defendant officer pulled Elgin’s pants and underwear down, exposing his genitalia and buttocks, ordered him to bend over, and then performed a humiliating visual examination of his rectal cavity.
157. Defendant officers searched Elgin’s vehicle without his voluntary consent. 158. Before the arrests at Club What's Next on March 20, 2005, Elgin traveled to Flint, Michigan to attend electronic music events, and to assemble and associate with others who shared his mutual interest in this form of musical expression. 159. After he was arrested at Club What's Next on March 20, 2005, Elgin stopped attending gatherings in Flint where electronic music was featured because of his concern that he will be arrested for merely being present at such an event or assembly. 160. But for the events of March 20, 2005, Elgin would have continued to travel to Flint, Michigan to attend electronic music events, and to assemble and associate with others who share his mutual interest in this form of musical expression. 161. Elgin would resume participating in electronic music events in Flint, Michigan if the Court granted Plaintiffs' request for injunctive relief.
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162. There exists no adequate remedy at law to address the ongoing chill of Elgin’s constitutional rights.
PLAINTIFF VICTORIA HAMILTON 163. Plaintiff Victoria Hamilton resides in Ingham County, Michigan. 164. On the night of March 19, 2005, Victoria Hamilton went to Club What’s Next to listen to electronic music with friends. 165. Hamilton was arrested, handcuffed, patted down, and searched by Defendant officers for no reason other than she happened to be present in the Club. 166. Defendant officers searched Hamilton’s vehicle without her voluntary consent.
PLAINTIFF DOUGLAS W. HOLMES, II 167. Plaintiff Douglas Holmes resides in Columbia County, Florida. 168. On the evening of March 19, 2005, Holmes went to Club What’s Next to listen to electronic music and attend a birthday party. 169. Holmes was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 170. Holmes was strip-searched twice in the men’s restroom in the presence of male officers and other attendees who were also being searched. 171. For the first strip search, Holmes was required to loosen his shirt, empty his pockets and turn them inside out, then remove his shoes and socks, remove his pants halfway, exposing his underwear, and turn around and bend over. 172. For the second strip search, Holmes was required to remove his pants, lift up his testicles, and turn around and bend over for a humiliating visual examination of his rectal cavity.
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PLAINTIFF HENRY J. JOHNSON 173. Plaintiff Henry Johnson resides in Shiawassee County, Michigan. 174. On the evening of March 19, 2005, Johnson went to Club What’s Next to listen to electronic music with friends. 175. Johnson was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 176. Johnson was strip-searched in the men’s restroom in the presence of other male attendees and non-assisting officers. Johnson was required to face the wall in the restroom while the Defendant officer unfastened his belt from behind, patted down Johnson’s shirt, and dropped his pants and underwear, exposing his genitalia and buttocks. The Defendant officer then had Johnson bend forward and performed a humiliating visual examination of his rectal cavity.
PLAINTIFF CORLISS E. KALCHERT 177. Plaintiff Corliss Kalchert resides in Summit County, Ohio. 178. On the evening of March 19, 2005, Kalchert went to Club What’s Next to listen to electronic music and celebrate a friend’s birthday. 179. Kalchert was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than she happened to be present in the Club. 180. Kalchert was strip-searched in the women’s restroom by a female officer. While Kalchert was handcuffed, a Defendant officer lifted up Kalchert’s shirt, searched inside her brassiere, and said, "Wow, you have some really nice breasts, are those real?" When Kalchert answered yes, the officer said, "I know women who would kill for breasts like yours." At that point, the officer pulled Kalchert’s shirt back down and searched her pants pockets. Then the officer
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pulled Kalchert’s jeans and underwear down to the floor, exposing her genitalia and buttocks, and made Kalchert bend over and cough. The Defendant officer re-fastened Kalchert’s jeans, took off her shoes and socks, and searched inside her shoes.
181. When Kalchert asked the Defendant officer conducting the strip search why she was being arrested, the officer said she was in the “wrong place at the wrong time."
182. Before the arrests at Club What's Next on March 20, 2005, Kalchert traveled from Ohio to Flint, Michigan to attend electronic music events, and to assemble and associate with others who shared her mutual interest in this form of musical expression.
183. After she was arrested at Club What's Next on March 20, 2005, Kalchert stopped attending gatherings in Flint where electronic music was featured because she feared, and still fears, that she will be arrested for merely being present at such an event or assembly.
184. But for the events of March 20, 2005, Kalchert would have continued to travel to Flint, Michigan to attend electronic music events, and to assemble and associate with others who share her mutual interest in this form of musical expression.
185. Kalchert would resume participating in electronic music events in Flint, Michigan if the Court granted Plaintiffs' request for injunctive relief.
186. There exists no adequate remedy at law to address the ongoing chill of Kalchert’s constitutional rights.
PLAINTIFF BRIAN F. KENNY 187. Plaintiff Brian Kenny resides in Oakland County, Michigan. 188. On the evening of March 19, 2005, Kenny went to Club What’s Next to listen to electronic music with friends.
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189. Kenny was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
190. Kenny was strip-searched in the men’s restroom in the presence of other nonassisting officers. The restroom door remained open during the strip search which allowed passers by to view the search. The Defendant officer required Kenny to remove his shirt, and his pants and underwear, exposing his genitalia and buttocks, and ordered Kenny to bend over and cough for a humiliating visual examination of his rectal cavity.
PLAINTIFF JESSICA L. KING 191. Plaintiff Jessica King resides in Pinellas County, Florida. 192. On the evening of March 19, 2005, King went to Club What’s Next with her friend, Paul Schweizer, who was working as a deejay at the Club that night. 193. King was arrested, handcuffed, patted down, and searched by Defendant officers for no reason other than she happened to be present in the Club. 194. During the arrests, King observed and heard a Defendant officer laughing and joking that it was “time” to get the gloves out to do cavity searches on everyone. The officers acted as if they enjoyed threatening Plaintiffs and causing fearful anticipation of being stripped naked and body cavity searched.
PLAINTIFF NICOLE M. KRUSZKA 195. Plaintiff Nicole Kruszka resides in Macomb County, Michigan. 196. Kruszka went to Club What’s Next on March 19, 2005, to celebrate a friend’s birthday.
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197. Kruszka was arrested, handcuffed, patted down, and searched by Defendant officers for no reason other than she happened to be present in the Club.
198. Kruszka heard Defendant officers calling female attendees “whores” and “sluts” during the arrests.
PLAINTIFF BRENNAN LAFLEUR 199. Plaintiff Brennan LaFleur resides in Wayne County, Michigan. 200. On the night of March 19, 2005, Brennan LaFleur went to Club What’s Next to listen to electronic music with friends. 201. Brennan LaFleur was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 202. Brennan LaFleur was strip-searched in the men’s restroom in the presence of other male attendees and non-assisting officers. LaFleur was required to remove his pants and underwear, exposing his genitalia and buttocks. LaFleur was ordered to lift his testicles, squat, and separate his buttock cheeks while the officer proceeded to insert his fingers (wearing a glove) into LaFleur's rectal cavity to perform a humiliating search for contraband.
PLAINTIFF SCOTT LAFLEUR 203. Plaintiff Scott LaFleur resides in Shiawassee County, Michigan. 204. On the evening of March 19, 2005, LaFleur went to Club What’s Next to socialize with friends. 205. LaFleur was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
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206. LaFleur was strip-searched in the men’s restroom in the presence of three other attendees and two Defendant officers. The four attendees, including LaFleur, were ordered to stand and put their hands against the wall while the officers strip-searched each man one-by-one. LaFleur was required to remove his pants and underwear, exposing his genitalia and buttocks, and to lift his testicles for the officer’s viewing. The Defendant officer then ordered LaFleur to turn around, bend over, spread his legs, and cough. LaFleur was also ordered to place his hands on and separate his buttock cheeks while the officer shone a flashlight on his rectal cavity.
PLAINTIFF JENNIFER R. LEAL 207. Plaintiff Jennifer Leal resides in Crawford County, Michigan. 208. Leal went to the March 19, 2005 event at Club What’s Next to listen to electronic music with friends. 209. Leal was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than she happened to be present in the Club. 210. Leal was strip-searched by a female officer in a back room behind the deejay’s booth. The room was lined with mirrored walls. The Defendant officer made Leal pull down her pants, exposing her underwear, and lift up her shirt while the officer ran her fingers along the underwire of Leal’s brassiere. 211. Defendant officers searched Leal’s vehicle without her voluntary consent. Leal’s car was parked across the street from the club at a McDonald’s restaurant. After booking Leal, two Defendant officers told her that she needed an escort to her car. The officers accompanied Leal and her friend to her car and searched under the front seats, glove box, and console.
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PLAINTIFF JT GORDON LITTLETON 212. Plaintiff JT Gordon Littleton resides in Ingham County, Michigan. 213. On the evening of March 19, 2005, Littleton went to Club What’s Next to listen to electronic music with friends. 214. Littleton was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 215. Littleton was strip-searched by a Defendant officer in the men’s restroom in the presence of another male attendee and non-assisting officer. The Defendant officer ordered Littleton to remove his pants and underwear, exposing his genitalia and buttocks, and to bend over, spread his legs, and cough. In this position, the Defendant officer, standing only about two feet from Littleton, performed a humiliating visual examination of his rectal cavity. 216. Littleton was harassed by a Defendant officer when he tried to retrieve his coat on the way out of the club. The officer asked Littleton if it was his coat, and when Littleton answered affirmatively, the officer pointed to a bag of white powder and said, “We found this in your coat.” Littleton told the officer that the bag was not in his coat and did not belong to him. Another Defendant officer then re-handcuffed Littleton and said, “You’re under arrest.” Littleton told the officers he was being falsely accused and that his rights were being violated. At that point, another Defendant officer said to the arresting officer, “He’s not buying it ... let him go.” The arresting officer removed the handcuffs and told Littleton to get his coat. 217. Another Defendant officer threatened Littleton when he asked for the officer’s badge number and name at the time of the arrests. The officer responded: “I’m not giving you
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shit” and “If you bother me any more, I’m going to have these guys beat the fuck out of you in the street.”
218. Littleton witnessed and heard Defendant officers verbally harassing a female attendee who was crying during a pat down by a Defendant officer. The young woman kept saying she was innocent and that she was just there to see her friends. Defendant officer said, “You need to shut up right now.” When the young woman repeated, “I’m innocent,” the Defendant officer grabbed her by the neck, threw her to the floor, and put his knee on her neck. Another Defendant officer stepped over the young woman, picked a bag off the floor appearing to contain drugs, hit her with it in the shoulder, and said, “These are yours now ... you’re going to prison.”
219. Littleton also heard Defendant officers calling female attendees “whores” and berating people with comments such as, “you’re a piece of shit” and “fuck you.”
PLAINTIFF JEFFREY B. MANNS 220. Plaintiff Jeffrey Manns resides in Wayne County, Michigan. 221. Manns worked as a deejay at the March 19, 2005 event at Club What’s Next. 222. Manns was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 223. In arresting Manns, a Defendant officer gripped the back of Manns’ neck and pushed him against the wall face first. 224. Manns was strip-searched in the men’s restroom in the presence of other male attendees and non-assisting officers. Manns was required to remove his pants, exposing his underwear.
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225. A Defendant officer called Manns a “pretty boy” while another Defendant officer called Manns’ friend, Plaintiff Christopher Secord, a "little faggot."
PLAINTIFF SCOTT MARSHALL 226. Plaintiff Scott Marshall resides in Midland County, Michigan. 227. Marshall went to the March 19, 2005 event at Club What’s Next to listen to electronic music with friends. 228. Marshall was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 229. Marshall was strip-searched in the men’s restroom in the presence of other male attendees and non-assisting officers. Marshall was ordered to stand in a corner of the restroom where a pile of vomit laid on the floor, and was forced to strip naked. Marshall was required to remove all his clothing, exposing his genitalia and buttocks for a humiliating visual examination of his rectal cavity, and then ordered by the Defendant officer to lift his testicles and walk in a circle. 230. Defendant officers searched Marshall’s vehicle without his voluntary consent.
PLAINTIFF MARK V. NUZZOLILO II 231. Plaintiff Mark Nuzzolilo resides in San Mateo County, California. 232. Nuzzolilo went to the March 19, 2005 event at Club What’s Next to listen to electronic music with friends. 233. Nuzzolilo was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 234. In arresting Nuzzolilo, Defendant officer grabbed Nuzzolilo by his arm or shoulder and pushed him toward the wall face first.
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235. Nuzzolilo was strip-searched in the men’s restroom in the presence of other males and non-assisting officers. A Defendant officer removed Nuzzolilo’s shoes, looked inside his mouth, and searched all of his pockets. The officer also removed Nuzzolilo’s sweatshirt and looked inside his shirt. The officer removed Nuzzolilo’s pants, exposing his underwear, and then searched inside his underwear with a flashlight.
PLAINTIFF JESSE NYBOER 236. Plaintiff Jesse Nyboer resides in Kent County, Michigan. 237. On the night of March 19, 2005, Jesse Nyboer went to Club What’s Next to listen to electronic music with friends. 238. Jesse Nyboer was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
PLAINTIFF KYLIE NYBOER 239. Plaintiff Kylie Nyboer resides in Kent County, Michigan. 240. On the night of March 19, 2005, Kylie Nyboer went to Club What’s Next to listen to electronic music with friends. 241. Kylie Nyboer was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than she happened to be present in the Club. 242. Defendant officers searched Nyboer’s vehicle without her voluntary consent.
PLAINTIFF BRANDON J. OKAMOTO 243. Plaintiff Brandon Okamoto resides in Kent County, Michigan. 244. Okamoto worked as a deejay at Club What’s Next on March 19, 2005.
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245. Okamoto left the Club before Defendant officers entered the Club. He was driving home to give his wife the car for her night shift at work when he was stopped by Defendant officers. Three police cars surrounded Okamoto during the stop. Defendant officers told Okamoto that he was under arrest because they believed he had been at Club What’s Next that night.
246. Okamoto was arrested, handcuffed, patted down, and strip-searched by Defendant officers based only on their belief that he had attended the event at Club What’s Next that night.
247. Defendant officers cuffed Okamoto’s hands behind his back, pinned him against the car, patted him down, and removed his wallet from a pocket.
248. Defendant officers subjected Okamoto to offensive ethnic remarks about Native Americans and made fun of Okamoto’s name.
249. Defendant officers strip-searched Okamoto along the side of the road visible to passing motorists. The search was conducted in the presence of five or six non-assisting officers, one of whom was female. A Defendant officer removed Okamoto’s pants, exposing his underwear, and looked inside his underwear at his genitalia.
250. Okamoto remained involuntarily confined in the police vehicle while Defendant officers searched his car without his voluntary consent.
251. After strip searching Okamoto and searching his vehicle, Defendant officers drove him back to Club What’s Next. Okamoto sat in the police car for about 15 minutes in the parking lot of the Club. He was then taken out of the police car by a female officer and handed to another officer who brought him back into the Club where Okamoto observed people lining up against the wall and being handcuffed.
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252. Okamoto was strip-searched a second time in the men’s restroom in the Club. Okamoto was required to remove his pants and underwear, exposing his genitalia and buttocks, and ordered to bend over for a humiliating visual examination of his rectal cavity.
253. Okamoto heard a Defendant officer comment about a female attendee’s dress after which the officer turned to another officer and said he “want[ed] some of that.”
PLAINTIFF BRADLEY O’NEIL 254. Plaintiff Bradley O’Neil resides in Roscommon County, Michigan. 255. On the night of March 19, 2005, O’Neil went to Club What’s Next to listen to electronic music with friends. 256. O’Neil was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 257. O'Neil was required to remove his pants and underwear, exposing his genitalia and buttocks, and ordered to bend over for a humiliating visual examination of his rectal cavity.
PLAINTIFF ANDREW POPP 258. Plaintiff, Andrew Popp, presently resides in California. 259. On the evening of March 19, 2005, Popp went to Club What’s Next to listen to electronic music with friends. 260. Popp was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 261. Popp was strip-searched by a Defendant officer in the men’s restroom in the presence of other male attendees and non-assisting officers. The Defendant officer ordered Popp to lift his shirt, remove his pants and underwear, exposing his genitalia and buttocks. Popp was
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then ordered to lift his testicles, bend over, and lean forward on the wall for a humiliating visual examination of his rectal cavity by the Defendant officer.
262. Defendant officers engaged in name calling and verbal abuse toward Popp, including calling him a “pig fucker” and “chicken fucker.”
PLAINTIFF DANIELLE RAMILLER 263. Plaintiff Danielle Ramiller resides in Genesee County, Michigan. 264. On the night of March 19, 2005, Danielle Ramiller went to Club What’s Next to listen to electronic music with friends. 265. Danielle Ramiller was arrested, handcuffed, patted down, strip-searched and body cavity searched by Defendant officers for no reason other than she happened to be present in the Club. 266. Ramiller was subjected to a degrading body cavity search in the hallway next to the men's restroom by a female Defendant officer. The Defendant officer ordered Ramiller to bend over, with her genitalia and buttocks exposed, and proceeded to insert her fingers (wearing a glove) into Ramiller’s vaginal and rectal cavities to perform a humiliating search for contraband.
PLAINTIFF DANIEL RAWDON 267. Plaintiff Daniel Rawdon resides in Flagler County, Florida. 268. At the time of his arrest at Club What’s Next, Rawdon resided in Ohio. 269. Rawdon traveled to Flint, Michigan on March 19, 2005 to work as a deejay at the electronic music event being held at Club What’s Next. 270. Rawdon was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
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271. During the pat down, a Defendant officer removed an Altoid mint candy from Rawdon’s pocket and told him that he was going to jail for possession of Ecstasy.
272. Rawdon assured the officer it was only a mint but the officer refused to accept that explanation and accused Rawdon of being an organizer of the event.
273. Rawdon was strip-searched three times before being transported to jail. 274. The first strip search was conducted in the men’s restroom in view of other male attendees and non-assisting officers. The door remained open during the search. Rawdon saw female attendees walking past and looking in the restroom. Rawdon was ordered to remove his pants and underwear, exposing his genitalia and buttocks. He was then instructed to lift his testicles, turn around, and bend down with his head between his legs while the Defendant officer shone a flashlight on his rectal cavity. 275. Rawdon was returned to the main area and waited in handcuffs for hours with the other attendees. When he later asked to use the bathroom, a Defendant officer grabbed Rawdon by his handcuffs and pulled him backwards to the men’s restroom where he was strip-searched a second time. 276. The second strip search was conducted in front of other male attendees and nonassisting officers in the men’s restroom. Again, the restroom door was left open and Rawdon saw female attendees walk by and look in as he was being searched. Defendant officers required Rawdon to remove his shirt, pants and underwear, exposing his genitalia and buttocks. The officers ordered Rawdon to lift his testicles, then turn around and bend down for another visual examination of his rectal cavity using the flashlight. Defendant officers watched Rawdon use the toilet in a stall with the door open.
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277. The third strip search was conducted in the men’s restroom in the presence of other attendees and non-assisting officers. Defendant officers required Rawdon to remove his pants, exposing his underwear, and performed a similar visual examination of his body as the two previous searches.
278. Rawdon was escorted out of the Club by Defendant officers, in view of television cameras, and placed in a police van with other attendees and transported to the Genesee County Jail.
279. Rawdon was confined to a cell in the Genesee County Jail for two nights. 280. Rawdon was finally released from jail on the third night. He was forced to leave the premises at night without his coat in cold snowy weather. Rawdon had only a cell phone (with a dead battery) and a check that police gave him in exchange for the cash they confiscated from him at the Club. Rawdon was unable to call anyone to pick him up and was unable to cash the check since the banks were closed. 281. Several weeks later, Rawdon was informed by the police that his Altoid candy was tested and the laboratory found it consisted of 88% sugar and 12% mint. 282. Rawdon subsequently cancelled four months of booked engagements as a deejay at electronic music events as a result of this ordeal. 283. Rawdon involuntarily stopped working as a deejay and participating in all electronic music events because he feared being arrested in the future based on mere presence at this type of music event.
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284. Since his arrest, Rawdon has not traveled and will not travel to the state of Michigan because of his fear and apprehension of being arrested, strip-searched, and jailed by police officers for participating in lawful activity.
PLAINTIFF DOMINIC ROCCO 285. Plaintiff Dominic Rocco currently attends college in Montreux, Switzerland. 286. On the night of March 19, 2005, Rocco went to Club What’s Next to listen to electronic music with friends. 287. Rocco was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
PLAINTIFF DANIELLE SANDERS 288. Plaintiff Danielle Sanders resides in Genesee County, Michigan. 289. On the night of March 19, 2005, Danielle Sanders went to Club What’s Next to listen to electronic music with friends. 290. Danielle Sanders was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than she happened to be present in the Club.
PLAINTIFF JASON D. SANDERS 291. Plaintiff Jason Sanders resides in Genesee County, Michigan. 292. Sanders went to the March 19, 2005 event at Club What’s Next to listen to electronic music with friends. 293. Sanders was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
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294. Sanders was strip-searched in the men’s restroom in the presence of other male attendees and non-assisting officers. A Defendant officer removed Sanders’ shirt, pants and underwear, exposing his genitalia and buttocks. The officer then ordered Sanders, who was still handcuffed, to bend over the sink and cough three times while the officer performed a humiliating visual examination of his rectal cavity and said, "If I find coke or anything else come out of your ass, you’re in big trouble."
295. Sanders observed and heard Defendant officers harassing Plaintiff Dan Desprez while forcing him to lie face down on the floor. When Desprez asked to use the restroom, Sanders heard the Defendant officer say: "You gotta piss? Piss on this ... don’t get up .. I dare your ass to get up."
PLAINTIFF FRANK SCHUMACHER 296. Plaintiff Frank Schumacher resides in Cuyahoga County, Ohio. 297. Schumacher traveled to Flint, Michigan on March 19, 2005 to work as a deejay at the electronic music event being held at Club What’s Next. 298. Schumacher was arrested, handcuffed, patted down, and searched by Defendant officers for no reason other than he happened to be present in the Club.
PLAINTIFF PAUL D. SCHWEIZER 299. Plaintiff Paul Schweizer resides in Pinellas County, Florida. 300. Schweizer worked as a deejay at Club What’s Next on March 19, 2005. 301. Schweizer was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
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302. Schweizer was strip-searched in the men’s restroom by a male Defendant officer. The Defendant officer told Schweizer not to make any “gay comments” and then ordered him to remove his pants and underwear, exposing his genitalia and buttocks. The Defendant officer then instructed Schweizer to lift his testicles and bend over for a humiliating visual examination of his rectal cavity.
303. Defendant officers searched Schweizer’s vehicle without his voluntary consent. PLAINTIFF CHRISTOPHER J. SECORD
304. Plaintiff Christopher Secord resides in Wayne County, Michigan. 305. On the evening of March 19, 2005, Secord went to Club What’s Next to listen to electronic music with friends. 306. Secord was arrested, handcuffed, patted down, strip-searched and body cavity searched by Defendant officers for no reason other than he happened to be present in the Club. 307. Secord was strip-searched in the men’s restroom in the presence of another male attendee. The Defendant officer felt around Secord’s underwear line and then forced Secord to remove his pants and underwear, exposing his genitalia and buttocks. 308. Following the strip search, Secord was subjected to a degrading body cavity search. The Defendant officer told Secord the body cavity search was “procedure” and then proceeded to use his fingers to feel around Secord’s rectal cavity. The search was so humiliating that Secord cried during the “procedure,” and was still crying when Defendant officers callously placed him in handcuffs again and escorted him into the main area with other attendees under arrest. 309. Defendant officers subjected Secord to verbal abuse and intimidation. One called him “faggot” and said, “with a pretty mouth like that” he (the officer) could “make a lot of money”
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if he took Secord to a street corner. Secord was also called “a blond haired little fairy mother fucker.” Officers made offensive remarks to Secord like, “You faggot, go suck a dick,” and “Turn around you little pussy, you think this is a game you little fucker?”
310. Secord heard Defendant officers using vulgar language toward other attendees and name-calling including “little fucking bitches,” “you fucking pieces of shit,” and “whores.”
311. Secord also witnessed and heard a Defendant officer say, “This girl looks like Britney Spears, we should take her home with us.”
PLAINTIFF GARY W. SERENO II 312. Plaintiff Gary Sereno resides in Oakland County, Michigan. 313. Sereno went to the March 19, 2005 event at Club What’s Next to socialize with friends and listen to the music. 314. Sereno was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 315. Sereno was strip-searched in the men’s restroom in the presence of another male attendee and non-assisting Defendant officer. Sereno was required to remove his pants and underwear, exposing his genitalia and buttocks, and ordered to turn around, bend over, and spread his legs so the Defendant officer could perform a humiliating visual examination of his rectal cavity. 316. Sereno was called a “fag” by a Defendant officer. Sereno also heard a Defendant officer say to another officer, “Bring that fag here,” referring to Sereno. 317. Sereno witnessed and heard Defendant officers calling female attendees derogatory names such as “bitches” and “whores.”
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PLAINTIFF CHRISTOPHER R. SMITH 318. Plaintiff Christopher Smith resides in Shiawassee County, Michigan. 319. On the night of March 19, 2005, Smith went to Club What ’s Next to listen to electronic music with friends. 320. Smith was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 321. A Defendant officer grabbed Smith and forced him up against the wall face first with his forearm placed behind his back by the officer. 322. Smith was strip-searched in the men’s restroom in the presence of other male attendees and non-assisting officers. Smith was required to remove his pants and underwear, exposing his genitalia and buttocks, and ordered to lift up his testicles, walk in a circle, and squat for a humiliating visual examination of his rectal cavity. Smith was then ordered to bend over and spread his legs again with his buttocks facing the Defendant officer, at which point the officer shone a flashlight in his rectal area. 323. Standing naked in the men’s restroom with other males being searched, Smith witnessed a Defendant officer order one of the men to "shove your thumb up your behind."
PLAINTIFF PATRICIA S. SMITH 324. Plaintiff Patricia Smith resides in Medina County, Ohio. 325. On the night of March 19, 2005, Smith went to Club What’s Next to listen to electronic music with friends. 326. Smith was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than she happened to be present in the Club.
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327. While handcuffed, Smith saw Plaintiff Shawn Swinehart fall and hit his face on the bar and bounce backwards. Smith tried to go over to him to see if he was okay, at which point a Defendant officer grabbed Smith by her hands or wrists from behind, and forcibly bent her body over the bar while yelling, "I told you not to fucking move, that’s what I mean."
328. Smith was strip-searched in the women’s restroom in the presence of other female attendees and non-assisting officers. The Defendant officer felt Smith’s hairline and behind her ears, and looked inside her mouth. Then the officer removed her shoes, shook them, and took off Smith’s socks and pulled her toes apart. The Defendant officer removed Smith’s shirt, unfastened her brassiere and felt underneath her brassiere. The Defendant officer then removed Smith’s pants and underwear, exposing her genitalia and buttocks, and made Smith bend over the back of a chair. The officer spread Smith’s buttocks apart and performed a humiliating visual examination of her rectal cavity.
329. When Smith asked to use the bathroom, the Defendant officer would not remove Smith’s handcuffs, but instead walked Smith to the stall, pulled down her pants and underwear, and watched her use the toilet.
330. While writing her ticket, a Defendant officer commented to Smith, “You’re the cutest chick in the whole joint. What are you doing here?”
PLAINTIFF SHAWN A. SWINEHART 331. Plaintiff Shawn Swinehart resides in Medina County, Ohio. 332. On the evening of March 19, 2005, Swinehart went to Club What’s Next to listen to electronic music with friends.
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333. Swinehart was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
334. After Swinehart was handcuffed, and feeling anxious and faint, he fell and hit his chin against the bar and then fell backwards and hit his head. The Defendant officers started laughing at Swinehart and offered him no medical attention even though his chin was cut.
335. When Swinehart’s friend, Plaintiff Patricia Smith, tried to assist him after the fall, the Defendant officers pushed her against the bar while she was handcuffed and yelled at her to get back to her position.
336. Swinehart was strip-searched in the men’s restroom in the presence of another non-assisting male officer who was strip searching another attendee. While Swinehart was handcuffed, a Defendant officer removed Swinehart’s shoes, pants and underwear, exposing his genitalia and buttocks for visual examination.
337. Defendant officers searched Swinehart’s vehicle without his voluntary consent. PLAINTIFF ROBIN THOMAS
338. Plaintiff Robin Thomas resides in Genesee County, Michigan. 339. On the night of March 19, 2005, Robin Thomas went to Club What’s Next to listen to electronic music with friends. 340. Robin Thomas was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than she happened to be present in the Club. 341. Defendant officers searched Thomas’ vehicle without her voluntary consent.
PLAINTIFF JENNIFER M. THOMPSON 342. Plaintiff Jennifer Thompson resides in Wayne County, Michigan.
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343. On the evening of March 19, 2005, Thompson went to Club What’s Next to listen to electronic music with friends.
344. Thompson was arrested, handcuffed, patted down, strip-searched, and body cavity searched by Defendant officers for no reason other than she happened to be present in the Club.
345. Thompson was strip-searched in the women’s restroom by a female Defendant officer. First, the officer asked Thompson to open her mouth and she looked inside. While Thompson remained handcuffed, the officer looked down her tank top shirt, and pulled Thompson’s brassiere away from her body. The officer then reached under the bottom of Thompson’s skirt, and pulled her underwear down, exposing her genitalia and buttocks.
346. The Defendant officer ordered Thompson to bend over the counter, with her genitalia and buttocks exposed, and proceeded to insert her fingers (wearing a glove) in Thompson’s vaginal and rectal cavities to perform a humiliating search for contraband.
347. Thompson was crying throughout the degrading body cavity search but the Defendant officer callously refused to stop the search.
348. During the ordeal, Thompson heard Defendant officers berating and verbally abusing attendees with name-calling such as “homos,” “fags” and “bitches.”
PLAINTIFF JOHN TURNER 349. Plaintiff John Turner resides in Genesee County, Michigan. 350. On the night of March 19, 2005, Turner went to Club What’s Next to listen to electronic music with friends. 351. Turner was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club.
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PLAINTIFF GARRETT S. WHIPPLE 352. Plaintiff Garrett Whipple resides in Genesee County, Michigan. 353. Whipple worked as a deejay at Club What’s Next on March 19, 2005. 354. Whipple was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than he happened to be present in the Club. 355. Whipple was strip-searched in the men’s restroom in the presence of non-assisting male officers. While Whipple was handcuffed, a Defendant officer removed his clothes, exposing his genitalia and buttocks, and ordered Whipple to bend over for a humiliating visual examination of his rectal cavity. 356. Whipple observed and heard Defendant officers calling one of the females a “whore,” calling a male attendee “faggot,” and harassing a male attendee who was forced to lie face down on the floor and denied use of the bathroom after repeated requests. 357. Defendant officers searched Whipple’s vehicle without his voluntary consent.
PLAINTIFF DUSTIN WINN 358. Plaintiff Dustin Winn resides in Midland County, Michigan. 359. Winn traveled to Flint, Michigan on March 19, 2005 to work as a deejay at the electronic music event being held at Club What’s Next. 360. Winn was strip-searched in the men’s restroom by a male Defendant officer. Winn was required to remove his pants and underwear, exposing his genitalia and buttocks. Winn was ordered to lift his testicles for a humiliating visual examination of his rectal cavity.
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PLAINTIFF RACHEL ZITTA 361. Plaintiff Rachel Zitta resides in Midland County, Michigan. 362. On the night of March 19, 2005, Rachel Zitta went to Club What’s Next to listen to electronic music with friends. 363. Zitta was arrested, handcuffed, patted down, and strip-searched by Defendant officers for no reason other than she happened to be present in the Club. 364. Defendant officers searched Zitta’s vehicle without her voluntary consent.
VI. DISMISSAL OF CHARGES FOR LACK OF PROBABLE CAUSE 365. Ninety-four (94) individuals, including the named Plaintiffs, were arrested and charged with a misdemeanor, Frequenting a Disorderly House under Section 31-11(e) of the Flint City Ordinance. 366. Section 31-11(e) of the Flint City Ordinance on Frequenting a Disorderly House states, in relevant part:
No person shall knowingly attend or frequent a disorderly house, room or place as herein defined. ... (e) One in which controlled substances are delivered, used, sold or maintained. Controlled Substances, for the purposes of this section, shall have the same meaning as, and shall include the same substances as, the State controlled substances statute, being MCLA §333.7171 et seq... 367. On October 13, 2006, the Genesee County Circuit Court Judge Joseph A. Farah held that there was no probable cause for the arrest of any of the ninety-four attendees, including Plaintiffs. City of Flint v. Andrea Doyle, Genesee Circuit Court Case No. 05-82575-AR. 368. In finding no probable cause, the Court opined: Any finding to the contrary is undermined by the stipulated (or otherwise) evidence that police could offer no evidence particular to any single defendant as to their arrival or departure time, their precise location in the
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club, their awareness of any particular transaction, or their knowledge of the transaction’s significance. To allow to stand the arrests of these 94 Defendants would be to allow lumping together people who had been at the Club for five minutes or five hours, people who never stopped dancing with those who sat next to a drug deal, people who sat at a table facing the wall with those in the middle of mischief, and charge those dissimilarly present individuals with equal awareness and knowledge of wrongdoing.” Opinion and Order on Remand, p. 5.
369. Defendant City of Flint did not appeal this ruling.
370. On January 9, 2007, all criminal charges against Plaintiffs were dismissed with prejudice by Judge Ramona M. Roberts of the 68th District Court on the Genesee County Circuit
Court’s remand order.
371. At the time of these arrests, it was clearly established under the Fourth Amendment
to the United States Constitution, made applicable to the states through the Fourteenth
Amendment, that the search or seizure of one suspect cannot be bootstrapped into probable
cause for a broad-based search or seizure of any other person, and that police officers must have
particularized probable cause with respect to each person searched and/or seized. Ybarra v.
Illinois, 444 U.S. 85 (1979).
372. In light of these clearly established rights, no reasonable official in the Defendants’
circumstances could have believed that his or her actions were reasonable and constitutionally
permissible with respect to the searches and seizures of the Plaintiffs.
COUNT I VIOLATION OF 42 U.S.C. § 1983 UNREASONABLE SEARCH AND SEIZURE UNDER THE FOURTH AND FOURTEENTH AMENDMENTS
TO THE U.S. CONSTITUTION
(AS TO ALL DEFENDANTS)
373. All prior paragraphs are incorporated by reference as if stated in full herein.
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374. Defendant officers, acting under color of state law and in concert with one another,
violated Plaintiffs’ constitutional right to be free from unreasonable search and seizure under the
Fourth and Fourteenth Amendments to the U.S. Constitution.
375. Defendant officers deprived Plaintiffs of their rights under the Fourth and
Fourteenth Amendments to the U.S. Constitution by the following acts:
A) Detaining Plaintiffs without reasonable suspicion that any individual Plaintiff had engaged in criminal activity;
B) Arresting Plaintiffs without probable cause that any violation or crime had been committed or was likely to be committed;
C) Patting down Plaintiffs without a reasonable belief that any individual Plaintiff was armed and presently dangerous;
D) Strip searching Plaintiffs in the absence of a lawful arrest and without any particularized probable cause that a crime had occurred;
E) Performing body cavity searches in the absence of a lawful arrest and without any particularized probable cause that a crime had occurred;
F) Using excessive, unreasonable force in making their unlawful arrests when Plaintiffs never resisted Defendants and did not provide Defendants any reason to use such force;
G) Searching and seizing Plaintiffs’ personal property, including but not limited to, articles of clothing, coats, accessories, wallets, purses, money, and other possessions without probable cause, a search warrant or voluntary consent;
H) Searching Plaintiffs’ vehicles without probable cause, a search warrant or voluntary consent; and
I) Using insulting and degrading language and otherwise searching, detaining, arresting and treating Plaintiffs in an unreasonable manner.
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376. The action of the Defendant officers directly and proximately caused the injuries and deprivations suffered by the Plaintiffs.
377. Defendant officers acted knowingly and intentionally without good faith and in reckless disregard and deliberate indifference to Plaintiffs’ constitutional rights.
378. At all times relevant to this action, Plaintiffs’ Fourth Amendment rights to be free from unreasonable searches and seizures were clearly established, and the Defendant officers acted objectively unreasonable under the circumstances.
379. Defendant Gary Hagler, in his official capacity as Chief of Police of the City of Flint, had final control over day-to-day police matters, including the decision to authorize the actions of the Defendant officers alleged herein. Hagler’s policies, practices and customs amounted to a deliberate indifference of Plaintiffs’ Fourth Amendment rights and were a moving force behind their constitutional injuries.
380. Defendant Robert Pickell, in his official capacity as Sheriff of Genesee County, had final control over day-to-day police matters, including the decision to authorize the actions of the Defendant officers alleged herein. Pickell’s policies, practices and customs amounted to a deliberate indifference of Plaintiffs’ Fourth Amendment rights and were a moving force behind their constitutional injuries.
381. Defendant City of Flint violated Plaintiffs’ rights to be free from unreasonable search and seizure through its policies, practices and customs, including but not limited to the Flint Police Department’s Strip Search Policy, which amounted to a deliberate indifference of the Plaintiffs’ rights under the Fourth and Fourteenth Amendments, and were a moving force behind Plaintiffs’ constitutional deprivations.
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Case 2:07-cv-11107-SJM-MJH Document 38 Filed 07/08/08 Page 51 of 63 382. Defendant City of Flint violated Plaintiffs’ rights to be free from unreasonable search
and seizure through its policy, practice and/or custom of failing to train and supervise its officers in the constitutionally permissible scope of searches and seizures, which amounted to a deliberate indifference of the Plaintiffs’ rights under the Fourth and Fourteenth Amendments, and were a moving force behind Plaintiffs’ constitutional deprivations.
383. Defendant Genesee County violated Plaintiffs’ rights to be free from unreasonable search and seizure through its policies, practices and customs that amounted to a deliberate indifference of the Plaintiffs’ rights under the Fourth and Fourteenth Amendments, and were a moving force behind Plaintiffs’ constitutional deprivations.
384. Defendant Genesee County violated Plaintiffs’ rights to be free from unreasonable search and seizure through its policy, practice and/or custom of failing to train and supervise its officers in the constitutionally permissible scope of searches and seizures, which amounted to a deliberate indifference of the Plaintiffs’ rights under the Fourth and Fourteenth Amendments, and were a moving force behind Plaintiffs’ constitutional deprivations.
385. As a direct and proximate result of Defendants’ policies, practices, customs, and actions, Plaintiffs suffered physical and/or emotional injuries, including but not limited to, pain and suffering, bodily injuries, emotional distress, anxiety, fear, intimidation, embarrassment, reputational damage, mortification, loss of liberty interest, monetary losses, and other injuries and damages.
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COUNT II VIOLATION OF 42 U.S.C § 1983 FREEDOM OF SPEECH, ASSOCIATION AND ASSEMBLY UNDER THE FIRST AND FOURTEENTH AMENDMENTS
TO THE U.S. CONSTITUTION
(AS TO ALL DEFENDANTS)
386. All prior paragraphs are incorporated by reference as if stated in full herein. 387. Defendant officers, acting under color of state law and in concert with one another, deprived Plaintiffs of their constitutional rights to free speech, association and assembly under the First and Fourteenth Amendments to the U.S. Constitution by targeting, planning, and executing the mass arrests at Club What’s Next, subjecting Plaintiffs to unjustified invasions of privacy and governmental police interference based on the type of music and dance featured at the event. 388. Gathering to listen to electronic music, to dance, to watch the performances of deejays and to assemble and associate with individuals who share the same musical interests is a form of artistic expression protected by the First Amendment to the U.S. Constitution. See, e.g., Ward v. Rock Against Racism, 491 U.S. 781, 790 (1989). 389. Defendant officers targeted the gathering at Club What’s Next for a so-called “raid,” because it was an electronic music event. 390. Plaintiffs had a right to perform electronic music and to peaceably associate and assemble with others who share a mutual enjoyment of electronic music. 391. That actions of the Defendant officers have created, and will continue to create, a chilling effect on individual freedom of artistic expression which, left unchecked, will restrict Plaintiffs and others from participating in expressive association through electronic music in the future.
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392. At all times relevant to this action, Plaintiffs’ First Amendment rights were clearly established, and Defendant officers acted objectively unreasonable under the circumstances.
393. Defendant Gary Hagler, in his official capacity as Chief of Police of the City of Flint, had final control over day-to-day police matters, including the decision to authorize the actions of the Defendant officers alleged herein. Hagler’s policies, practices and customs amounted to a deliberate indifference of Plaintiffs’ First Amendment rights and were a moving force behind their constitutional injuries.
394. Defendant Robert Pickell, in his official capacity as Sheriff of Genesee County, had final control over day-to-day police matters, including the decision to authorize the actions of the Defendant officers alleged herein. Pickell’s policies, practices and customs amounted to a deliberate indifference of Plaintiffs’ First Amendment rights and were a moving force behind their constitutional injuries.
395. Defendant City of Flint violated Plaintiffs’ rights under the First Amendment through its policies, practices and customs, including targeting individuals based on their musical preferences, which amounted to deliberate indifference of the Plaintiffs’ rights under the First and Fourteenth Amendments, and were a moving force behind the constitutional deprivations caused by Defendant officers’ actions.
396. Defendant Genesee County violated Plaintiffs’ rights under the First Amendment through its policies, practices and customs, including targeting individuals based on their musical preferences, which amounted to deliberate indifference of the Plaintiffs’ rights under the First and Fourteenth Amendments, and were a moving force behind the constitutional deprivations caused by the Defendant officers’ actions.
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397. As a direct and proximate result of Defendants’ policies, practices, customs, and actions, Plaintiffs suffered the injuries and damages described in paragraph 385.
COUNT III FALSE ARREST AND FALSE IMPRISONMENT
(AS TO INDIVIDUAL DEFENDANTS ONLY)
398. All prior paragraphs are incorporated by reference as if stated in full herein. 399. Defendant officers participated in a warrantless, illegal and unjustified arrest of Plaintiffs. 400. Defendant officers unlawfully restrained the Plaintiffs’ liberty and freedom of movement. 401. Defendant officers intended to confine Plaintiffs when they placed Plaintiffs in handcuff restraints to restrict their mobility, ordered them under arrest, commanded them not to move, and kept them in police control and custody for extended periods of time. 402. Defendant officers restrained Plaintiffs without probable cause. 403. Defendant officers’ actions resulted in the confinement of the Plaintiffs. 404. Defendant officers’ actions were intentional, unjustified, and objectively unreasonable under the circumstances. 405. As a direct and proximate result of the Defendant officers’ actions, Plaintiffs suffered the injuries and damages described in paragraph 385.
COUNT IV VIOLATION OF MCL §764.25a
UNLAWFUL STRIP SEARCH
(AS TO INDIVIDUAL DEFENDANTS ONLY)
406. All prior paragraphs are incorporated by reference as if stated in full herein. 407. Strip searches are presumptively unlawful under Michigan law, which provides in relevant part:
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A person arrested or detained for a misdemeanor offense shall not be stripsearched unless (1) . . . there is reasonable cause to believe that the person is concealing a weapon, a controlled substance, or evidence of a crime; and (2) the strip search is conducted by a person who has obtained prior written authorization from the chief law enforcement officer of the law enforcement agency conducting the strip search, or from that officer’s designee. M.C.L. §764.25a(2)(a) and (b). 408. Michigan law defines a “strip search” as “a search which requires a person to remove his or her clothing to expose underclothing, breasts, buttocks, or genitalia.” M.C.L. §764.25a(1). 409. Michigan law requires that if a person is strip-searched in accordance with the requirements of M.C.L. §764.25a, the strip search must be conducted (1) by a person of the same sex, and (2) performed in a place that prevents the search from being observed by a person not conducting or necessary to assist with the search. M.C.L. §764.25a(3). 410. Michigan law requires that an arresting officer prepare a report of any strip search performed on an individual, and the report must include the name and gender of the person searched, the person performing the search, and the person assisting in the search; the time, date, and place of the strip search; the justification for the strip search; and a list of all items recovered from the strip search. M.C.L. §764.25a(4). 411. Defendant officers violated M.C.L. §764.25a by: A) Strip searching Plaintiffs without reasonable cause to believe any of
them, individually, were concealing a weapon, controlled substance, or evidence of crime; B) Strip searching Plaintiffs with no particularized probable cause and in the absence of a lawful arrest; C) Strip searching Plaintiffs without specific prior written authorization from the chief law enforcement officer of their respective agencies;
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D) Conducting the strip searches in places that exposed Plaintiffs to observation by persons not conducting or assisting with the search; and
E) Failing to prepare a report of each strip search in accordance with M.C.L. §764.25a(4).
412. There are no statutory exceptions which authorized the strip searches of the Plaintiffs.
413. Defendant officers are not entitled to governmental immunity for their tortious conduct because:
a. Defendant officers’ conduct amounted to gross negligence in that it was so reckless as to demonstrate a substantial lack of concern for whether an injury would result; and
b. Defendant officers’ conduct was intentional. 414. Defendant officers’ intentional and/or grossly negligent conduct was the proximate cause of injury and damage to Plaintiffs. 415. As a direct and proximate result of Defendant’s actions, Plaintiffs suffered the injuries and damages described in paragraph 385.
COUNT V VIOLATION OF MCL §764.25b UNLAWFUL BODY CAVITY SEARCH
(AS TO INDIVIDUAL DEFENDANTS ONLY)
416. All prior paragraphs are incorporated by reference as if stated in full herein. 417. Body cavity searches are unlawful under Michigan law when performed without a valid search warrant on an individual who is neither incarcerated nor confined to a facility by court order. M.C.L. §764.25b(2).
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418. Michigan law defines a “body cavity search” as “a physical intrusion into a body cavity for the purpose of discovering any object concealed in a body cavity.” M.C.L. §764.25b(1)(b).
419. Michigan law requires a body cavity search performed with a valid search warrant must be conducted by a licensed physician or a physician’s assistant, licensed practical nurse, or registered professional nurse acting with the approval of a licensed physician. M.C.L. §764.25b(5). If a body cavity search is conducted under a valid search warrant, the law enforcement officer who executes the warrant must prepare a report detailing certain facts about the search as set forth in M.C.L. §764.25b(6).
420. Defendant officers violated M.C.L. §764.25b by performing body cavity searches on certain Plaintiffs, including Jennifer Thompson, Christopher Secord and Brennan LaFleur and Danielle Ramiller, without a valid search warrant.
421. Defendant officers further violated M.C.L. §764.25b by performing body cavity searches where, upon information and belief, none of these officers are licensed health care providers as required in M.C.L. §764.25b(5).
422. There are no statutory exceptions which authorized the body cavity search of Plaintiffs.
423. Defendant officers are not entitled to governmental immunity for their tortious conduct because:
a. Defendant officers’ conduct amounted to gross negligence in that it was so reckless as to demonstrate a substantial lack of concern for whether an injury would result; and
b. Defendant officers’ conduct was intentional.
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424. Defendant officers’ intentional and/or grossly negligent conduct was the proximate cause of injury and damage to Plaintiffs.
425. As a direct and proximate result of Defendant officers’ unlawful actions, Plaintiffs suffered the injuries and damages described in paragraph 385.
COUNT VI ASSAULT AND BATTERY
(AS TO INDIVIDUAL DEFENDANTS ONLY)
426. All prior paragraphs are incorporated by reference as if stated in full herein. 427. Defendant officers’ actions constituted unlawful touchings of the Plaintiffs. 428. Defendant officers caused Plaintiffs to be in imminent fear of bodily injury. 429. Defendant officers’ actions were intentional, unjustified, and objectively unreasonable under the circumstances. 430. Defendant officers’ conduct was the proximate cause of injury and damage to Plaintiffs. 431. As a result of Defendant officers’ tortious acts, Plaintiffs suffered the damages and injuries described in paragraph 385.
COUNT VII INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(AS TO INDIVIDUAL DEFENDANTS ONLY)
432. All prior paragraphs are incorporated by reference as if stated in full herein. 433. Defendant officers’ extreme and outrageous conduct intentionally caused Plaintiffs severe emotional distress. 434. Defendant officers abused their authority as law enforcement officers by using their governmental power to harass, berate, intimidate, and threaten Plaintiffs for the sole purpose of causing Plaintiffs severe humiliation and fear.
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435. The fact that Plaintiffs were subjected to Defendant officers’ intentional conduct while restrained and rendered helpless intensified the severity of their emotional distress.
436. Defendant officers’ actions were intentional, unjustified, and objectively unreasonable under the circumstances.
437. Defendant officers’ conduct was the proximate cause of injury and damage to Plaintiffs.
438. As a direct and proximate result of Defendant officers’ tortious conduct, Plaintiffs suffered the injuries and damages described in paragraph 385.
RELIEF REQUESTED Plaintiffs respectfully requests that this Court enter judgment against Defendants and award Plaintiffs the following relief: A. Monetary, compensatory, and punitive damages in an amount to
which Plaintiffs are found to be entitled; B. A declaratory judgment that Defendants’ conduct was
unconstitutional under the Fourth and Fourteenth Amendments to the U.S. Constitution; C. A declaratory judgment that Defendants’ conduct was unconstitutional under the First and Fourteenth Amendments to the U.S. Constitution; D. Enjoining Defendants from engaging in similar conduct in the future, and requiring appropriate training and supervision be put in place to avoid gross constitutional invasions of this magnitude in the future; E. Costs and attorneys fees pursuant to 42 U.S.C. §1988; F. All other legal, equitable, and injunctive relief that this Court deems just and appropriate.
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Respectfully submitted,
PITT MCGEHEE PALMER RIVERS & GOLDEN, P.C.

/s/ Maureen M. Crane Michael L. Pitt (P24428) Peggy Goldberg Pitt (P31407) Maureen M. Crane (P58904) mcrane@pdmmp.com Cooperating Attorneys, ACLU Fund of Michigan 117 West Fourth Street, Suite 200 Royal Oak, MI 48067 (248) 398-9800

/s/ Michael J. Steinberg Michael J. Steinberg (P43085) msteinberg@aclumich.org Kary L. Moss (P43759) American Civil Liberties Union Fund of Michigan Attorneys for Plaintiffs 60 West Hancock Street Detroit, MI 48221 (313) 578-6814

/s/ Kenneth M. Mogill Kenneth M. Mogill (P17865) kmogil@bignet.net Mogill, Posner & Cohen Cooperating Attorneys, ACLU Fund of Michigan 27 E. Flint Street, Fl. 2 Lake Orion, MI 48362 (248) 814-9470

/s/ Elizabeth L. Jacobs Elizabeth L. Jacobs (P24245) elzja co b s@ a o l.co m Cooperating Attorney, ACLU Fund of Michigan 615 Griswold Street, Suite 1125 Detroit, MI 48226 (313) 962-4090

/s/Gregory T. Gibbs Gregory T. Gibbs (P26440) greggibb s51@ sbcglob al.net Jeanmarie Miller (P44446) Law Office of Gregory T. Gibbs Cooperating Attorneys, ACLU Fund of Michigan 717 S. Grand Traverse Street Flint, MI 48502 (810) 239-9470
DATED: July 8, 2008

-60-

Case 2:07-cv-11107-SJM-MJH Document 38 Filed 07/08/08 Page 61 of 63

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Jennifer Thompson, Corey Anderson, Olatokunbo Bajulaiye, Michael Bird, Matthew Boedecker, Nathan Boisclair, Jessica Bremer, Alan Buckel, Crystal Camp, Joshua Camp, Nicholas Carmisito, Shawn Carson, Christiana Childers, Guy Courts, Anne Crivea, Daniel Desprez, Krista Dutcher, Ron Easton, Jr., Tyler Elgin, Victoria Hamilton, Douglas Holmes, Henry Johnson, Corliss Kalchert, Brian Kenny, Jessica King, Brennan LaFleur, Scott LaFleur, Jennifer Leal, J.T. Gordon Littleton, Jeffrey Manns, Scott Marshall, Mark Nuzzolilo, Jesse, Nyboer, Kylie Nyboer), Brandon Okamoto, Bradley O’Neil, Andrew Popp, Danielle Ramiller, Daniel Rawdon, Dominic Rocco, Danielle Sanders, Jason Sanders, Frank Schumacher, Paul Schweizer, Christopher Secord, Gary Sereno, II, Christopher Smith, Patricia Smith, Shawn Swinehart, Robin Thomas, John Turner, Garrett Whipple, Dustin Winn and Rachel Zitta, individually, and on behalf of all other similarly situated individuals,
Plaintiffs,
vs.

Case No.:4:07-cv-11107
HON. PAUL V. GADOLA
Mag. Judge Steven R. Whalen

City of Flint, a municipal Michigan corporation; Gary Hagler, Flint Chief of Police, in his individual and official capacities; Genesee County; Robert J. Pickell, Genesee County Sheriff, in his individual and official capacities; Flint Police Officers Michael Beaver, Richard Besson, Colin Birnie, Mark Blough, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, William Meyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Smith, Wayne Suttles, Sondra Taylor, Dominic Teft, Michael Vance, Rogelio Villarreal, Scott W atson and Terrell Weston, in their individual and official capacities; Genesee County Deputies Jeff Antcliff, Dean Curtis, Sandy Dunlap, David Dwyre, David MacDonald, Gerald Parks, Tom Pyles, Kevin Shanlian, Russ Sorenson, Chris Swanson, Mike Tocarchick, Jerry Willhelm and Mike Wolosuk, in their individual and official capacities; jointly and severally,

RELIANCE ON JURY DEMAND

Defendants.
Pitt, McGehee, Mirer, Palmer & Rivers, P.C. Michael L. Pitt (P24428) Peggy Goldberg Pitt (P31407) Maureen M. Crane (P58904) Cooperating Attorneys, ACLU Fund of Michigan 117 West Fourth Street, Suite 200 Royal Oak, MI 48067 (248) 398-9800
Kenneth M. Mogill (P17865) Mogill, Posner & Cohen Cooperating Attorneys, ACLU Fund of Michigan 27 E. Flint Street, Fl. 2 Lake Orion, MI 48362 (248) 814-9470
Gregory T. Gibbs (P26440) Jeanmarie Miller (P44446) Law Office of Gregory T. Gibbs Cooperating Attorneys, ACLU Fund of Michigan 717 S. Grand Traverse Street Flint, MI 48502 (810) 239-9470

Elizabeth L. Jacobs (P24245) Cooperating Attorney, ACLU Fund of Michigan 615 Griswold Street, Suite 1125 Detroit, MI 48226 (313) 962-4090
Michael J. Steinberg (P43085) Kary L. Moss (P43759) American Civil Liberties Union Fund of Michigan Attorneys for Plaintiffs 60 West Hancock Street Detroit, MI 48221 (313) 578-6814

Case 2:07-cv-11107-SJM-MJH Document 38 Filed 07/08/08 Page 62 of 63

H. W illiam Reising (P19343) Plunkett & Cooney, P.C. Attorneys for Defendants: Genesee County and Genesee County Deputies 111 E. Court Street, Suite 1B Flint, M I 48502 (810) 342-7001
Daniel Klemptner (P68691) Assistant City Attorney Trachelle C. Young (P63330) Chief Legal Officer Attorneys for City of Flint and Gary Hagler 1101 S. Saginaw Street, 3rd Floor Flint, M I 48502 (810) 766-7146

M ichael W . Edmunds (P55748) W illiam J. Brickley (P36716) Garan Lucow M iller, P.C. Attorneys for Defendant Flint police officers 8332 Office Park Drive Grand Blanc, M I 48439 (810) 695-3700
G. Gus M orris (P32960) Kupelian Ormond & M agy, P.C. Attorney for Defendant Officer M ichael W olosuk 25800 Northwestern Highway, Suite 950 Southfield, M I 48075 (248) 357-0000

RELIANCE ON JURY DEMAND Plaintiffs herein rely on the Jury Demand previously filed and paid in this action.
Respectfully submitted,
PITT MCGEHEE PALMER RIVERS & GOLDEN

/s/ Maureen M. Crane Michael L. Pitt (P24428) Peggy Goldberg Pitt (P31407) Maureen M. Crane (P58904) m cra n e@ p ittla w p c .co m Cooperating Attorneys, ACLU Fund of Michigan 117 West Fourth Street, Suite 200 Royal Oak, MI 48067 (248) 398-9800

/s/ Michael J. Steinberg Michael J. Steinberg (P43085) msteinberg@aclumich.org Kary L. Moss (P43759) American Civil Liberties Union Fund of Michigan Attorneys for Plaintiffs 60 West Hancock Street Detroit, MI 48221 (313) 578-6814

/s/ Kenneth M. Mogill Kenneth M. Mogill (P17865) kmogil@bignet.net Mogill, Posner & Cohen Cooperating Attorneys, ACLU Fund of Michigan 27 E. Flint Street, Fl. 2 Lake Orion, MI 48362 (248) 814-9470
/s/ Gregory T. Gibbs Gregory T. Gibbs (P26440) greggibb s51@ sbcglob al.net Jeanmarie Miller (P44446) Law Office of Gregory T. Gibbs Cooperating Attorneys, ACLU Fund of Michigan 717 S. Grand Traverse Street Flint, MI 48502 (810) 239-9470
DATED: July 8, 2008

/s/ Elizabeth L. Jacobs Elizabeth L. Jacobs (P24245) elzja co b s@ a o l.co m Cooperating Attorney, ACLU Fund of Michigan 615 Griswold Street, Suite 1125 Detroit, MI 48226 (313) 962-4090

Case 2:07-cv-11107-SJM-MJH Document 38 Filed 07/08/08 Page 63 of 63 CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing was served upon all parties to the above cause to each of the attorneys/parties of record herein via the Court’s ECF System to their respective e-mail addresses disclosed on the Notice of Electronic Filing on July 8, 2008. /s/ Maureen M. Crane Pitt, McGehee, Palmer, Rivers & Golden, P.C. By: Maureen M. Crane (P 58904) mcrane@pittlawpc.com Attorney for Plaintiff 117 W. Fourth Street, Suite 200 Royal Oak, Michigan 48067 (248) 398-9800
-63-

 
 Case 2:07-cv-11107-SJM-MJH Document 79 Filed 12/14/2009 Page 1 of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JENNIFER THOMPSON, et al.,

Plaintiffs,

Case No. 2:07-cv-11107

v.

HONORABLE STEPHEN J. MURPHY, III

CITY OF FLINT, et al.,

Defendants. ___________________________________/

ORDER CERTIFYING SETTLEMENT CLASS, AND APPROVING SETTLEMENT, ATTORNEYS’ FEES AND COSTS, PLAN OF ALLOCATION, AND APPOINTMENT
OF CLASS REPRESENTATIVE

On December 4, 2009, the Court held a preliminary fairness hearing with regard

to the proposed settlement in this matter. Notice of the proposed settlement, proposed

plan of allocation of settlement proceeds, class definition, right to object and right to

attend this preliminary fairness hearing was given to the class by regular mail and

publication at least 30 days before this hearing. Class members were notified that

objections must be filed by November 25, 2009 and no objections were filed as of that

date. In addition, no persons or parties appeared before the Court at the fairness

hearing with objections. Having read and considered the Settlement Agreement, the

pleadings filed in this matter, the testimony of proposed class representative Jennifer

Thompson, the affidavit of Michael Pitt, and based upon the Court’s familiarity with the

proceedings in this matter, the Court finds that:

1. The Court has subject matter jurisdiction over this Action, the Class

Representative, the Class and the Defendants.

-1-

Case 2:07-cv-11107-SJM-MJH Document 79 Filed 12/14/2009 Page 2 of 4
2. Notice of the proposed Settlement was timely disseminated in accordance with the terms of the Order Preliminarily Approving Settlement Agreement, Conditionally Certifying Class, Approving Class Notice and Scheduling First Fairness Hearing entered on November 4, 2009. Such notice satisfies the requirements of Rule 23(c)(2) of the Federal Rules of Civil Procedure and due process.
3. The proposed settlement and plan of allocation is fair, reasonable and adequate within the meaning of Rule 23(e)(2) of the Federal Rules of Civil Procedure. In support of this finding this court finds as follows: i. The issues as to liability and damages are issues as to which there are grounds for differences of opinion and the proposed settlement constitutes a resolution of those issues that is fair, reasonable and adequate to the Class Members and settlement of these claims in the amount and under the terms proposed is in the public interest. ii. The allocation of the settlement proceeds between the Plaintiffs and their counsel is fair and adequate. The plan of allocation of settlement proceeds amongst the class of plaintiffs described in the “Thompson Plan of Allocation of Claimant Awards” dated October 26, 2009 is hereby approved. An awards panel consisting of retired judge Pamela R. Harwood, Kathleen L. Bogas, an attorney, and Daniel Korobkin, an attorney with the American Civil Liberties Union of Michigan, will render individual awards and allocate settlement proceeds of $564,470.04 to qualified class members.
-2-

Case 2:07-cv-11107-SJM-MJH Document 79 Filed 12/14/2009 Page 3 of 4
iii. Class Counsels’ claim for payment of $282,235.01 in attorney fees and $53,294.95 in costs in conjunction with their prosecution of this matter is fair and reasonable. In making this finding, the Court has considered the affidavit of attorney Michael Pitt, the pleadings in this matter, the complexity of the case, the experience of class counsel, and the time and effort expended by class counsel. The Court finds that this fee will not in any way jeopardize the payment to the class members of their claims and approves the fee as being reasonable.
4. This Court holds Jennifer Thompson is an adequate class representative after having considered the pleadings and the affidavit and testimony of Jennifer Thompson. In support of this holding, the Court finds Jennifer Thompson’s claims are typical of the class, she has actively participated in the litigation and cooperated with counsel, and therefore that she is a suitable representative of the class. Therefore, this court appoints Jennifer Thompson class representative.
5. The Court has set a final fairness hearing for 2:00 p.m. on February 16, 2010 in Courtroom 228 of the Theodore Levin United States District Courthouse, at 231 West Lafayette Boulevard in Detroit, Michigan. Only timely objections to individual class member awards will be heard at the final fairness hearing.
WHEREFORE, it is hereby ORDERED that the terms of the Settlement Agreement, the Plan of Allocation, the request for attorney fees and costs, and the appointment of Jennifer Thompson as class representative are approved by the Court as being fair, just and reasonable for the reasons set forth above.
-3-

Case 2:07-cv-11107-SJM-MJH Document 79 Filed 12/14/2009 Page 4 of 4 It is further ORDERED that the member class is CERTIFIED for purposes of
settlement only. This matter shall proceed to a final fairness hearing in the manner set forth above.
SO ORDERED. s/Stephen J. Murphy, III STEPHEN J. MURPHY, III United States District Judge
Dated: December 14, 2009 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on December 14, 2009, by electronic and/or ordinary mail.
s/Alissa Greer Case Manager
-4-

 
 Case 2:07-cv-11107-SJM-MJH Document 80 Filed 02/23/10 Page 1 of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Jennifer Thompson, et al.,

Plaintiff(s), v.

Case No. 2:07-cv-11107-SJM-RSW Hon. Stephen J. Murphy III

City of Flint, et al.,

Defendants. ___________________________________/

STIPULATED ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE

On February 16, 2010, the Court held a Final Fairness Hearing with regard to this matter and based upon Class Counsel’s Report for Final Fairness Hearing Scheduled for February 16, 2010 finds that: 1. All procedures set forth in the Court’s December 14, 2009 Order Certifying Settlement Class, And Approving Settlement, Attorneys’ Fees and Costs, Plan of Allocation, And Appointment of Class Representative have been complied with and the settlement has been conducted in an appropriate manner for all involved. 2. The letter submitted by class counsel from class member Jesse Nyboer is not an appeal properly before the Court as it was not timely submitted to the Court as required under the Plan of Allocation. 3. The individual awards as set forth in the attached Exhibit 6 to Class Counsel’s Report for Final Fairness Hearing Scheduled for February 16, 2010 are approved and class counsel is authorized to distribute the funds to the individual class members. 4. This matter is dismissed with prejudice.
1

Case 2:07-cv-11107-SJM-MJH Document 80 Filed 02/23/10 Page 2 of 4 5. The Court retains jurisdiction to enforce the Settlement Agreement dated October 30, 2009 and the Terms of Equitable Relief dated October 21, 2009.
SO ORDERED. s/Stephen J. Murphy, III STEPHEN J. MURPHY, III United States District Judge
Dated: February 23, 2010 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on February 23, 2010, by electronic and/or ordinary mail.
s/Alissa Greer Case Manager
2

Case 2:07-cv-11107-SJM-MJH Document 80 Filed 02/23/10 Page 3 of 4

Stipulated to by:

By: /s Jeanmarie Miller________________ Michael L. Pitt (P24429) Peggy Goldberg Pitt (P31407) Maureen M. Crane (P58904)
Pitt McGehee Palmer Rivers & Golden PC ACLU Cooperating Counsel Attorneys for Plaintiffs 117 W. Fourth Street, Suite 200 Royal Oak, Michigan 48067 (248) 398-9800
Michael J. Steinberg (P43085) Kary L. Moss (P43759) Daniel S. Korobkin (P72842). ACLU Fund of Michigan Attorneys for Plaintiffs 2966 Woodward Avenue Detroit, MI 48201 (313) 578-6814
Gregory T. Gibbs (P26440) Jeanmarie Miller (P44446) Law Office of Gregory T. Gibbs Cooperating Attorneys, ACLU Fund of Michigan 717 S. Grand Traverse Street Flint, MI 48502 (810) 239-9470

3

Case 2:07-cv-11107-SJM-MJH Document 80 Filed 02/23/10 Page 4 of 4
Kenneth M. Mogill (P17865) Mogill, Posner & Cohen Cooperating Attorneys ACLU Fund of Michigan 27 E. Flint Street, Fl. 2 Lake Orion, MI 48362 (248) 814-9470
Elizabeth L. Jacobs (P24245) Cooperating Attorney, ACLU Fund of Michigan 615 Griswold Street, Suite 1125 Detroit, MI 48226 (313) 962-4090
Lauri R. Ellias ( P31399) Lauri Ellias PC Cooperating Attorneys ACLU Fund of Michigan 25899 W 12 Mile Rd Ste 140 Southfield, MI 48034 (248) 356-9700
By:__/s Michael W. Edmunds_by consent___ Michael W. Edmunds Garan Lucow Miller, P.C. Attorneys for Defendant Flint Police Officers
By: __/s H. William Reising by consent_____ H. William Reising Plunkett & Cooney, P.C. Attorneys for Genesee County, Sheriff Pickell and Defendant Genesee County Deputies
By:__/s Daniel A. Klemptner by consent____ Daniel A. Klemptner Johnson Rosati Labarge Aseltyne & Field Attorneys for Defendants City of Flint
and Gary Hagler
By: _/s D. Randall Gilmer by consent______ D. Randall Gilmer McGraw Morris PC Attorneys for Defendant Michael Wolosuk
4

 
 Case 2:07-cv-11107-SJM-MJH Document 80 Filed 02/23/10 Page 1 of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Jennifer Thompson, et al.,

Plaintiff(s), v.

Case No. 2:07-cv-11107-SJM-RSW Hon. Stephen J. Murphy III

City of Flint, et al.,

Defendants. ___________________________________/

STIPULATED ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE

On February 16, 2010, the Court held a Final Fairness Hearing with regard to this matter and based upon Class Counsel’s Report for Final Fairness Hearing Scheduled for February 16, 2010 finds that: 1. All procedures set forth in the Court’s December 14, 2009 Order Certifying Settlement Class, And Approving Settlement, Attorneys’ Fees and Costs, Plan of Allocation, And Appointment of Class Representative have been complied with and the settlement has been conducted in an appropriate manner for all involved. 2. The letter submitted by class counsel from class member Jesse Nyboer is not an appeal properly before the Court as it was not timely submitted to the Court as required under the Plan of Allocation. 3. The individual awards as set forth in the attached Exhibit 6 to Class Counsel’s Report for Final Fairness Hearing Scheduled for February 16, 2010 are approved and class counsel is authorized to distribute the funds to the individual class members. 4. This matter is dismissed with prejudice.
1

Case 2:07-cv-11107-SJM-MJH Document 80 Filed 02/23/10 Page 2 of 4 5. The Court retains jurisdiction to enforce the Settlement Agreement dated October 30, 2009 and the Terms of Equitable Relief dated October 21, 2009.
SO ORDERED. s/Stephen J. Murphy, III STEPHEN J. MURPHY, III United States District Judge
Dated: February 23, 2010 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on February 23, 2010, by electronic and/or ordinary mail.
s/Alissa Greer Case Manager
2

Case 2:07-cv-11107-SJM-MJH Document 80 Filed 02/23/10 Page 3 of 4

Stipulated to by:

By: /s Jeanmarie Miller________________ Michael L. Pitt (P24429) Peggy Goldberg Pitt (P31407) Maureen M. Crane (P58904)
Pitt McGehee Palmer Rivers & Golden PC ACLU Cooperating Counsel Attorneys for Plaintiffs 117 W. Fourth Street, Suite 200 Royal Oak, Michigan 48067 (248) 398-9800
Michael J. Steinberg (P43085) Kary L. Moss (P43759) Daniel S. Korobkin (P72842). ACLU Fund of Michigan Attorneys for Plaintiffs 2966 Woodward Avenue Detroit, MI 48201 (313) 578-6814
Gregory T. Gibbs (P26440) Jeanmarie Miller (P44446) Law Office of Gregory T. Gibbs Cooperating Attorneys, ACLU Fund of Michigan 717 S. Grand Traverse Street Flint, MI 48502 (810) 239-9470

3

Case 2:07-cv-11107-SJM-MJH Document 80 Filed 02/23/10 Page 4 of 4
Kenneth M. Mogill (P17865) Mogill, Posner & Cohen Cooperating Attorneys ACLU Fund of Michigan 27 E. Flint Street, Fl. 2 Lake Orion, MI 48362 (248) 814-9470
Elizabeth L. Jacobs (P24245) Cooperating Attorney, ACLU Fund of Michigan 615 Griswold Street, Suite 1125 Detroit, MI 48226 (313) 962-4090
Lauri R. Ellias ( P31399) Lauri Ellias PC Cooperating Attorneys ACLU Fund of Michigan 25899 W 12 Mile Rd Ste 140 Southfield, MI 48034 (248) 356-9700
By:__/s Michael W. Edmunds_by consent___ Michael W. Edmunds Garan Lucow Miller, P.C. Attorneys for Defendant Flint Police Officers
By: __/s H. William Reising by consent_____ H. William Reising Plunkett & Cooney, P.C. Attorneys for Genesee County, Sheriff Pickell and Defendant Genesee County Deputies
By:__/s Daniel A. Klemptner by consent____ Daniel A. Klemptner Johnson Rosati Labarge Aseltyne & Field Attorneys for Defendants City of Flint
and Gary Hagler
By: _/s D. Randall Gilmer by consent______ D. Randall Gilmer McGraw Morris PC Attorneys for Defendant Michael Wolosuk
4

 
 Case 2:07-cv-11107-SJM-MJH Document 17 Filed 04/19/07 Page 1 of 11

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Jennifer Thompson, Corey Anderson, Olatokunbo Bajulaiye, Michael Bird, Nathan Boisclair, Jessica Bremer, Alan Buck el, Joshua Cam p, Nicholas Carmisito, Shawn Carson, Christiana Childers, Gu y Cou rts, Anne Crivea, Daniel Desprez, Andrea Doyle, Krista Dutcher, Ron Easton, Jr., T yler Elgin, Douglas Holmes, Henry Johnson, Corliss Kalchert, Brian Kenny, Jessica King, Nicole Kruszka, Scott LaFleur, Jennifer Leal, J.T. Gordon Littleton, Jeffrey Manns, Scott Marshall, Mark Nuzzolilo, Brandon Okam oto, Andrew Popp, Daniel Rawdon, Jason Sanders, Paul Schweizer, Christopher Secord, Gary Sereno, II, Christo pher Sm ith, P atricia Sm ith, Shawn Swinehart, and Ga rrett W hipple, individually, and on behalf of all other similarly situated individuals,
Plaintiffs,
vs.

Case No.:4:07-cv-11107
HON. PAUL V. GADOLA
Mag. Judge Steven R. Whalen

City of Flint, a municipal Michigan corporation; Gary Hagler, Flint Ch ief of P olice, in his individual and official capacities; Genesee County; Robert J. Pickell, Genesee County Sheriff, in his individual and official capacities; Flint Police Officers Michael Beaver, Richard Besson, Colin Birnie, Mark Blo ugh, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, W illiam M eyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Sm ith, W ayne Suttles, Sondra Taylor, Dom inic Teft, Michael Vance, Rogelio Villarreal, Scott W atson and Terrell W eston, in their individual and official capacities; Genesee County Deputies Jeff Antcliff, Dean Curtis, Sandy Du nlap, D avid Dwyre, Da vid MacDonald, Gerald Parks, Tom Pyles, Kevin Shanlian, Russ Sorenson, Chris Swanson, Mike Tocarchick, Jerry W illhelm and Mike W olosuk, in their individual and official capacities; jointly and severally,

UNOPPOSED MOTION FOR RECONSIDERATION OF THE COURT’S ORDER OF PARTIAL
DISMISSAL WITHOUT PREJUDICE AND BRIEF IN
SUPPORT OF MOTION

Defendants.

Pitt McGehee Palmer Rivers & Golden Michael L. Pitt (P24428) Peggy Goldberg Pitt (P31407) Maureen M. Crane (P58904) Cooperating Attorneys, ACLU Fund of Michigan 117 West Fourth Street, Suite 200 Royal Oak, MI 48067 (248) 398-9800
Kenneth M. Mogill (P17865) Mogill, Posner & Cohen Cooperating Attorneys, ACLU Fund of Michigan 27 E. Flint Street, Fl. 2 Lake Orion, MI 48362 (248) 814-9470
Gregory T. Gibbs (P26440) Jeanmarie Miller (P44446) Law Office of Gregory T. Gibbs Cooperating Attorneys, ACLU Fund of Michigan 717 S. Grand Traverse Street Flint, MI 48502 (810) 239-9470

Michael J. Steinberg (P43085) Kary L. Moss (P43759) American Civil Liberties Union Fund of Michigan Attorneys for Plaintiffs 60 West Hancock Street Detroit, MI 48221 (313) 578-6814
Elizabeth L. Jacobs (P24245) Cooperating Attorney, ACLU Fund of Michigan 615 Griswold Street, Suite 1125 Detroit, MI 48226 (313) 962-4090

Case 2:07-cv-11107-SJM-MJH Document 17 Filed 04/19/07 Page 2 of 11

H. William Reising (P19343) Plunkett & Cooney, P.C. Attorneys for Defendants: Genesee County and Genesee County Deputies 111 E. Court Street, Suite 1B Flint, MI 48502 (810) 342-7001
Daniel Klemptner (P68691) Assistant City Attorney Trachelle C. Young (P63330) Chief Legal Officer Attorneys for City of Flint and Gary Hagler 1101 S. Saginaw Street, 3rd Floor Flint, MI 48502 (810) 766-7146

Michael W. Edmunds (P55748) Garan Lucow Miller, P.C. Attorneys for Defendant Flint police officers 8332 Office Park Drive Grand Blanc, MI 48439 (810) 695-3700

UNOPPOSED MOTION FOR RECONSIDERATION OF THE COURT’S ORDER OF PARTIAL DISMISSAL WITHOUT PREJUDICE
Plaintiffs, by and through their undersigned counsel, move this Court, pursuant to Local Rule 7.1(g), for reconsideration of its Order of Partial Dismissal Without Prejudice, entered on April 6, 2007. Plaintiffs respectfully request that the Court reconsider its Order and retain supplemental jurisdiction of Plaintiffs’ state law claims, and reinstate Counts III through VII in Plaintiffs’ First Amended Complaint. Defendants concur in the relief requested in this Motion. Their concurrences will be filed separately with the Court.
In support of this Motion, Plaintiffs rely on the accompanying Brief in Support, and on the authorities cited therein.
Respectfully submitted,
PITT MCGEHEE PALMER RIVERS & GOLDEN

By: s/ Maureen M. Crane Michael L. Pitt (P24428) Peggy Goldberg Pitt (P31407) Maureen M. Crane (P58904) mcrane@pdmm p.com Cooperating Attorneys, A CLU Fu nd of M ichigan 117 W est Fourth Street, Suite 200 Royal Oak, MI 48067 (248) 398-9800

Michael J. Steinberg (P43085) m steinberg@ aclum ich.org Kary L. Moss (P43759) Am erican Civil Liberties Union Fund of Michigan Attorneys for Plaintiffs 60 W est Hancock Street Detroit, MI 48221 (313) 578-6814

-2-

Case 2:07-cv-11107-SJM-MJH Document 17 Filed 04/19/07 Page 3 of 11

Kenneth M. Mogill (P17865) km ogil@bignet.net Mogill, Posner & Cohen Cooperating Attorneys, ACLU Fund of Michigan 27 E. Flint Street, Fl. 2 Lake Orion, MI 48362 (248) 814-9470
Gregory T. Gibbs (P26440) greggibbs51@sbcglobal.net Jeanmarie Miller (P44446) Law Office of Gregory T. Gibbs Cooperating Attorneys, ACLU Fund of Michigan 717 S. Grand Traverse Street Flint, MI 48502 (810) 239-9470
DATED : APRIL 19, 2007

Elizabeth L. Jacobs (P24245) elzjacobs@aol.com Cooperating Attorney, ACLU Fund of Michigan 615 Griswold Street, Suite 1125 Detroit, MI 48226 (313) 962-4090

-3-

Case 2:07-cv-11107-SJM-MJH Document 17 Filed 04/19/07 Page 4 of 11

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Jennifer Thompson, Corey Anderson, Olatokunbo Bajulaiye, Michael Bird, Nathan Boisclair, Jessica Bremer, Alan Buck el, Joshua Cam p, Nicholas Carmisito, Shawn Carson, Christiana Childers, Gu y Cou rts, Anne Crivea, Daniel Desprez, Andrea Doyle, Krista Dutcher, Ron Easton, Jr., T yler Elgin, Douglas Holmes, Henry Johnson, Corliss Kalchert, Brian Kenny, Jessica King, Nicole Kruszka, Scott LaFleur, Jennifer Leal, J.T. Gordon Littleton, Jeffrey Manns, Scott Marshall, Mark Nuzzolilo, Brandon Okam oto, Andrew Popp, Daniel Rawdon, Jason Sanders, Paul Schweizer, Christopher Secord, Gary Sereno, II, Christo pher Sm ith, P atricia Sm ith, Shawn Swinehart, and Ga rrett W hipple, individually, and on behalf of all other similarly situated individuals,
Plaintiffs,
vs.

Case No.:4:07-cv-11107
HON. PAUL V. GADOLA
Mag. Judge Steven R. Whalen

City of Flint, a municipal Michigan corporation; Gary Hagler, Flint Ch ief of P olice, in his individual and official capacities; Genesee County; Robert J. Pickell, Genesee County Sheriff, in his individual and official capacities; Flint Police Officers Michael Beaver, Richard Besson, Colin Birnie, Mark Blo ugh, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, W illiam M eyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Sm ith, W ayne Suttles, Sondra Taylor, Dom inic Teft, Michael Vance, Rogelio Villarreal, Scott W atson and Terrell W eston, in their individual and official capacities; Genesee County Deputies Jeff Antcliff, Dean Curtis, Sandy Du nlap, D avid Dwyre, Da vid MacDonald, Gerald Parks, Tom Pyles, Kevin Shanlian, Russ Sorenson, Chris Swanson, Mike Tocarchick, Jerry W illhelm and Mike W olosuk, in their individual and official capacities; jointly and severally,

BRIEF IN SUPPORT OF UNOPPOSED MOTION FOR RECONSIDERATION OF THE COURT’S ORDER OF PATRIAL
DISMISSAL WITHOUT PREJUDICE AND BRIEF IN
SUPPORT OF MOTION

Defendants.

Pitt McGehee Palmer Rivers & Golden Michael L. Pitt (P24428) Peggy Goldberg Pitt (P31407) Maureen M. Crane (P58904) Cooperating Attorneys, ACLU Fund of Michigan 117 West Fourth Street, Suite 200 Royal Oak, MI 48067 (248) 398-9800
Kenneth M. Mogill (P17865) Mogill, Posner & Cohen Cooperating Attorneys, ACLU Fund of Michigan 27 E. Flint Street, Fl. 2 Lake Orion, MI 48362 (248) 814-9470
Gregory T. Gibbs (P26440) Jeanmarie Miller (P44446) Law Office of Gregory T. Gibbs Cooperating Attorneys, ACLU Fund of Michigan 717 S. Grand Traverse Street Flint, MI 48502 (810) 239-9470

Michael J. Steinberg (P43085) Kary L. Moss (P43759) American Civil Liberties Union Fund of Michigan Attorneys for Plaintiffs 60 West Hancock Street Detroit, MI 48221 (313) 578-6814
Elizabeth L. Jacobs (P24245) Cooperating Attorney, ACLU Fund of Michigan 615 Griswold Street, Suite 1125 Detroit, MI 48226 (313) 962-4090

Case 2:07-cv-11107-SJM-MJH Document 17 Filed 04/19/07 Page 5 of 11

H. William Reising (P19343) Plunkett & Cooney, P.C. Attorneys for Defendants: Genesee County and Genesee County Deputies 111 E. Court Street, Suite 1B Flint, MI 48502 (810) 342-7001
Daniel Klemptner (P68691) Assistant City Attorney Trachelle C. Young (P63330) Chief Legal Officer Attorneys for City of Flint and Gary Hagler 1101 S. Saginaw Street, 3rd Floor Flint, MI 48502 (810) 766-7146

Michael W. Edmunds (P55748) Garan Lucow Miller, P.C. Attorneys for Defendant Flint police officers 8332 Office Park Drive Grand Blanc, MI 48439 (810) 695-3700

BRIEF IN SUPPORT OF UNOPPOSED MOTION FOR RECONSIDERATION OF THE COURT’S ORDER OF
PARTIAL DISMISSAL WITHOUT PREJUDICE I. INTRODUCTION
This is a putative class action brought under 42 U.S.C. §1983 and Michigan law. Plaintiffs are forty-one individuals who were arrested and strip searched by Defendant police officers while attending an electronic music event at a licensed nightclub in Flint on March 20, 2005.1 There are forty-five named Defendants, including the City of Flint, Genesee County, Flint Police Chief, Genesee County Sheriff, and the individual law enforcement officers involved in the events. On March 15, 2007, Plaintiffs filed a sevencount complaint in this Court, and amended the complaint on March 20, 2007.
Counts I and II of the amended complaint allege violations of 42 U.S.C. §1983 for deprivations under the First, Fourth, and Fourteenth Amendments to the U.S. Constitution. The remaining counts are state law claims alleging false arrest and false imprisonment

1 Each of the Plaintiffs was issued a ticket for a misdemeanor, Frequenting a Disorderly House under Section 31-11(e) of a Flint City Ordinance. On October 13, 2006, the Genesee County Circuit Court ruled there was no probable cause for the Plaintiffs’ arrests, and on January 9, 2007, the charges were dismissed with prejudice.
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(Count III); unlawful strip searches and body cavity searches in violation of MCL §764.25a and §764.25b, respectively (Counts IV and V); assault and battery (Count VI); and intentional infliction of emotional distress (Count VII) under Michigan law.
On April 6, 2007, this Court sua sponte entered an Order of Partial Dismissal Without Prejudice, dismissing all of Plaintiffs’ state claims and retaining jurisdiction over the § 1983 federal claims in Count I and Count II. The Court declined to exercise supplemental jurisdiction over Plaintiffs’ state law claims under 28 U.S.C. § 1367.
For the reasons set forth below, Plaintiffs request that the Court reconsider its April 6, 2007 Order of Partial Dismissal Without Prejudice and reinstate Counts III through VII. Defendants concur in the relief requested in this Motion.
II. ARGUMENT Section 1367 of Title 28 provides that “the district court shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy.” 28 U.S.C. § 1367(a). In interpreting this Section, the Sixth Circuit court has stated “if there is some basis for original jurisdiction, the default assumption is that the court will exercise supplemental jurisdiction over all related claims.” Campanella v. Commerce Exch. Bank, 137 F.3d 885, 892 (6th Cir. 1998) (emphasis added). A district court may decline to exercise supplemental jurisdiction over a state claim only if one of the following four exceptions to §1367 apply:
(1) the claim raises a novel or complex issue of State law; (2) the claim substantially predominates over the claim or claims
over which the district court has original jurisdiction,
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(3) the district court has dismissed all claims over which it has original jurisdiction, or
(4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.
28 U.S.C. § 1367(c). In its Order, this Court declined supplemental jurisdiction based on the second
(predominating federal claims) and fourth (exceptional circumstances) exceptions to §1367. Specifically, the Order states, in relevant part:
Plaintiff’s state law claims would substantially expand the scope of this case beyond that necessary and relevant to the federal law claims.” [citations omitted]. Moreover, the Court finds that judicial economy, convenience, fairness, and comity counsel against exercising supplemental jurisdiction in this case. [citation omitted]. Therefore, the Court declines to exercise supplemental jurisdiction over Plaintiff’s state law claims, Count III through VII. Order, page 4. The Court’s Order should be reconsidered because it erroneously finds that (1) state law claims predominate over the federal claims and unnecessarily expand the scope of the suit; and (2) separating the state law claims from the federal law claims is in the best interest of judicial economy, convenience, fairness, and comity. As set forth in Plaintiffs’ Amended Complaint, the same conduct giving rise to the federal claims forms the basis for the state claims. Moreover, the fact that this action is a putative class action brought against multiple governmental entities, officials, and employees presents unique circumstances that necessitate reconsideration by the Court. A. Federal Claims Predominate Over State Claims The federal claims in this action are constitutional claims. Plaintiffs allege that Defendants violated their rights under the Fourth Amendment to the U.S. Constitution,
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made applicable to the states through the Fourteenth Amendment, by unlawfully arresting them and conducting unreasonable searches of their person and property without probable cause. Plaintiffs further allege that Defendants violated their First Amendment rights by targeting and restraining them in their exercise of freedom of expression, association and assembly with others who share a mutual interest in electronic music.
Plaintiffs’ state claims allege false arrest/imprisonment, assault and battery, illegal strip searches and body searches, and intentional infliction of emotional distress. All of these claims are based on the same factual allegations supporting Plaintiffs’ §1983 claim based on unreasonable search and seizure under the Fourth Amendment to the U.S. Constitution. These claims are often adjudicated in one action, as for example a case in this Court, Chancellor v. City of Detroit, 454 F.Supp.2d 645 (E.D. Mich. 2006) (Gadola, J).
As in the instant case, Chancellor alleged violations of the Fourth Amendment to the U.S. Constitution under 42 U.S.C. § 1983, and state law claims, including false arrest and imprisonment, and intentional infliction of emotional distress. The Magistrate Judge’s legal analysis for summary judgment purposes was adopted by this Court. A fair reading of the Report and Recommendation of Magistrate Judge R. Steven Whalen in Chancellor,2 leads to the inescapable conclusion that the state law claims did not expand the scope of the case beyond the federal claims. Rather, the same nucleus of facts that the Court analyzed for the federal constitutional claims in Chancellor, were the same facts upon which the Court decided the state claims. Such is the case here.
2 Magistrate Judge R. Steven Whalen is also assigned to the instant case.
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B. Judicial Economy, Convenience, and Fairness to the Litigants Would be Served by Maintaining One Action in this Court
The nature and scope of this particular civil rights case are such that considerations of judicial economy, convenience and fairness to the litigants substantially favor the exercise of supplemental jurisdiction. This putative class action has been brought against two governmental entities and their respective officials and employees. There are forty-five (45) named Defendants. The Plaintiffs are forty-one (41) individuals who live in various parts of the country. As of this date, there are eighty-six (86) litigants. In addition, there are approximately fifty-three (53) absent putative class members of a class of ninety-four (94) individuals on whose behalf this suit was initiated. Presently, there are thirteen (13) attorneys of record, nine (9) attorneys representing the Plaintiffs with the ACLU, and the remainder representing the Defendants.
Thus, in total, there could be 139 litigants and 13 attorneys involved in prosecuting and defending this action in the coming months following class certification.
In declining to exercise supplemental jurisdiction, the Court has placed the parties in the position of having to conduct parallel class action litigation in the federal and state courts. Two courts would be utilizing limited judicial resources on the same case. The Defendant governmental entities – the City of Flint and Genesee County -- and officials and employees who work for the City and County, would spend twice as much time away from governmental activities to participate in duplicate litigation. Plaintiffs, who are geographically dispersed across the United States and overseas, would unfairly suffer economic hardship traveling to and from Michigan for parallel court proceedings, discovery depositions, and trials. In addition, parallel litigation would involve double sets of discovery
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requests and responses, requests to admit, depositions, records subpoenas, as well as court appearances and filings.
Even if the parties agreed to conduct joint discovery for both proceedings, parallel litigation of this magnitude would still impose extraordinary burdens of expense and inconvenience to the parties. The differences in the federal and state rules of civil procedure would require the litigants to prepare duplicate sets of pleadings in accordance with these rules relative to discovery, motion practice, and class certification. In state court, the parties would be required to participate in mandatory case evaluation, and be subject to separate scheduling orders. Legal arguments would likely be made by either or both sides relative to res judicata and claims preclusion, depending upon which Court issued the first ruling on a question of law or fact. In short, both parties would unnecessarily incur significantly higher litigation costs and burdens by having to prosecute and defend these claims in two different forums.3
C. Separate Forums Increase the Risk of Inconsistent Decisions Creating Conflicting Standards for Law Enforcement Agencies
Plaintiffs seek injunctive and declaratory relief, in addition to money damages. Should this Court grant the requested relief and declare certain conduct unlawful or unreasonable, and a state court rules to the contrary, the Defendants would be faced with conflicting directives and inconsistent orders. This is not a desirable outcome for the parties, nor is it in the best interest of the public-at-large. Though the parties would expect rulings on the same issues to be consistent, the potential nonetheless exists for conflicting opinions if the case is bifurcated into parallel proceedings in the federal and state courts.
3 Plaintiffs’ costs are being borne by the American Civil Liberties Union Fund of Michigan (ACLU), a non-profit organization. The Defendants are governmental entities, public officials and employees, whose costs presumably are borne ultimately by taxpayers.
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The public policy implications of conflicting orders strongly favor maintaining this particular case as one action in this Court. Plaintiffs and Defendants both concur in the relief sought in this Motion for the reasons so stated.
III. CONCLUSION Accordingly, the parties request that the Court reconsider its April 6, 2007 Order of Partial Dismissal Without Prejudice and reinstate Counts III through VII.
Respectfully submitted,
PITT MCGEHEE PALMER RIVERS & GOLDEN

By: s/ Maureen M. Crane Michael L. Pitt (P24428) Peggy Goldberg Pitt (P31407) Maureen M. Crane (P58904) mcrane@pdmm p.com Cooperating Attorneys, ACLU Fund of Michigan 117 W est Fourth Street, Suite 200 Royal Oak, MI 48067 (248) 398-9800
Kenneth M. Mogill (P17865) km ogil@bignet.net Mogill, Posner & Cohen Cooperating Attorneys, ACLU Fund of Michigan 27 E. Flint Street, Fl. 2 Lake Orion, MI 48362 (248) 814-9470
Gregory T. Gibbs (P26440) greggibbs51@sbcglobal.net Jeanmarie Miller (P44446) Law Office of Gregory T. Gibbs Cooperating Attorneys, ACLU Fund of Michigan 717 S. Grand Traverse Street Flint, MI 48502 (810) 239-9470
DATED : APRIL 19, 2007

Michael J. Steinberg (P43085) m steinberg@ aclum ich.org Kary L. Moss (P43759) Am erican Civil Liberties Union Fund of Michigan Attorneys for Plaintiffs 60 W est Hancock Street Detroit, MI 48221 (313) 578-6814
Elizabeth L. Jacobs (P24245) elzjacobs@aol.com Cooperating Attorney, ACLU Fund of Michigan 615 Griswold Street, Suite 1125 Detroit, MI 48226 (313) 962-4090
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing was served upon all parties to the above cause to each of the attorneys/parties of record herein via the Court’s ECF System to their respective e-mail addresses disclosed on the Notice of
Electronic Filing on April 19, 2007.
Signature:
/s/ Maureen M. Crane Pitt, McGehee, Palmer, Rivers & Golden, P.C. By: Maureen M. Crane (P 58904) mcrane@pdmmp.com Attorneys for Plaintiff 117 W. Fourth Street, Suite 200 Royal Oak, Michigan 48067 (248) 398-9800

 
 Case 2:07-cv-11107-SJM-MJH Document 28 Filed 06/08/07 Page 1 of 2

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JENNIFER THOMPSON, et al., Plaintiffs,
v. CITY OF FLINT, et al.,
Defendants. _______________________________________/

CIVIL CASE NO. 07-11107
HONORABLE PAUL V. GADOLA U.S. DISTRICT COURT

ORDER

The Court, being fully aware and advised in the premises; having granted Plaintiffs’ motion

for reconsideration of the Court’s April 6, 2007 Order of Partial Dismissal Without Prejudice; the

Court having ordered that it now exercises supplemental jurisdiction over those state law claims

asserted by Plaintiffs’ in the March 20, 2007 first amended complaint;

IT IS HEREBY ORDERED that the Court’s Order of Partial Dismissal Without Prejudice

[docket entry #8] is VACATED.

SO ORDERED.

Dated: June 8, 2007

s/Paul V. Gadola HONORABLE PAUL V. GADOLA UNITED STATES DISTRICT JUDGE

Case 2:07-cv-11107-SJM-MJH Document 28 Filed 06/08/07 Page 2 of 2

Certificate of Service

I hereby certify that on June 8, 2007 , I electronically filed the foregoing paper with

the Clerk of the Court using the ECF system which will send notification of such filing to

the following:

Maureen M. Crane; Michael W. Edmunds; Gregory T. Gibbs; Elizabeth L. Jacobs; Daniel

A. Klemptner; Kenneth M. Mogill; G. Gus Morris; Michael L. Pitt; Peggy G. Pitt; H. William

Reising; Michael J. Steinberg

, and I hereby

certify that I have mailed by United States Postal Service the paper to the following non-

ECF participants:

.

s/Ruth A. Brissaud Ruth A. Brissaud, Case Manager (810) 341-7845

2

 
 Case 2:07-cv-11107-SJM-MJH Document 67 Filed 05/20/09 Page 1 of 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JENNIFER THOMPSON, et al., Plaintiff,
v.
CITY OF FLINT, et al.,

Civil Action No. 07-11107
HON. STEPHEN J MURPHY, III U.S. District Judge HON. R. STEVEN WHALEN U.S. Magistrate Judge

Defendant. _____________________________/
ORDER OF RECUSAL AND REASSIGNMENT The undersigned has been assigned as the Magistrate Judge in this action. Upon review of the record I have found cause to recuse myself pursuant to 28 U.S.C. §455(a), and therefore the Clerk is hereby directed to reassign this matter by blind draw to another magistrate judge for further proceedings. IT IS SO ORDERED.

S/R.STEVEN WHALEN R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE

Pursuant to this order this case is reassigned from Magistrate Judge R. Steven Whalen to Magistrate Judge_____Michael Hluchaniuk____.

Date: May 20, 2009
Copies Served on: Counsel of Record Assigned District Judge Receiving Magistrate Judge

__s/ Sarah Schoenherr____ Deputy Clerk

 
 Case 2:07-cv-11107-SJM-MJH Document 44 Filed 09/04/08 Page 1 of 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

Jennifer Thompson, et al.,
v. Flint, City of, et al.,

Plaintiff(s),

Case No. 2:07−cv−11107−SJM−RSW Hon. Stephen J Murphy III

Defendant(s).

NOTICE OF REASSIGNMENT
Pursuant to Administrative Order 08−AO−039, counsel are hereby notified that the above−captioned case has been reassigned from Flint District Judge Paul V. Gadola to Detroit District Judge Stephen J. Murphy, III.
Unless otherwise notified, all pending dates before Judge Murphy are suspended. Questions should be directed to Alissa Greer, case manager to Judge Stephen J. Murphy, III at (313) 234−2681.
DAVID J. WEAVER, CLERK OF COURT

Dated: September 4, 2008

By: s/ S. Schoenherr Deputy Clerk

Certificate of Service I hereby certify that on this date a copy of the foregoing notice was served upon each attorney of record herein by electronic means or first class U.S. mail.
DAVID J. WEAVER, CLERK OF COURT
By: s/ S. Schoenherr Deputy Clerk

 
 CM/ECF - U.S. District Court:mied

3/12/11 11:36 PM
CLOSED, reassigned

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:07-cv-11107-SJM-MJH

Thompson et al v. Flint, City of et al Assigned to: District Judge Stephen J. Murphy, III Referred to: Magistrate Judge Michael J. Hluchaniuk Cause: No cause code entered

Date Filed: 03/15/2007 Date Terminated: 02/23/2010 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff Jennifer Thompson

represented by Elizabeth L. Jacobs 615 Griswold Suite 1125 Detroit, MI 48226 313-962-4090 Email: elzjacobs@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory T. Gibbs Gregory T. Gibbs Assoc. 717 S. Grand Traverse Street Flint, MI 48502-1118 810-239-9470 Email: greggibbs51@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenneth M. Mogill Mogill, Posner, 27 E. Flint Street 2nd FLoor Lake Orion, MI 48226 248-814-9470 Fax: 248-814-8231

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CM/ECF - U.S. District Court:mied https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

3/12/11 11:36 PM
Email: kmogill@bignet.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt Pitt, McGehee, 117 W. Fourth Street Suite 200 Royal Oak, MI 48067-3804 248-398-9800 Email: mpitt@pittlawpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg American Civil Liberties Union Fund of Michigan 2966 Woodward Avenue Detroit, MI 48201 313-578-6814 Email: msteinberg@aclumich.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin American Civil Liberties Union of Michigan 2966 Woodward Avenue Detroit, MI 48201 (313) 578-6824 Fax: (313) 578-6811 Email: dkorobkin@aclumich.org ATTORNEY TO BE NOTICED
Maureen M. Crane Pitt, McGehee, 117 W. Fourth Street Suite 200 Royal Oak, MI 48067-3804 248-398-9800
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Plaintiff Corey Anderson

3/12/11 11:36 PM
Email: mcrane@pittlawpc.com ATTORNEY TO BE NOTICED
Peggy G. Pitt Pitt, McGehee, 117 W. Fourth Street Suite 200 Royal Oak, MI 48067-3804 248-398-9800 Email: ppitt@pittlawpc.com ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address)

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Plaintiff Olatokunbo Bajulaiye

3/12/11 11:36 PM
ATTORNEY TO BE NOTICED
Lauri R. Ellias Ellias & Aiello 25899 W. Twelve Mile Road Suite 140 Southfield, MI 48034 248-356-9700 Fax: 248-356-9710 Email: lauri.ellias@comcast.net ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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3/12/11 11:36 PM

Plaintiff Michael Bird

Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg

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Plaintiff Nathan Boisclair

3/12/11 11:36 PM
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY

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Plaintiff Jessica Bremer

3/12/11 11:36 PM
ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff Alan Buckel

3/12/11 11:36 PM
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address)

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Plaintiff Joshua Camp

3/12/11 11:36 PM
ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED

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Plaintiff Nicholas Carmisito

3/12/11 11:36 PM
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address)

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Plaintiff Shawn Carson

3/12/11 11:36 PM
ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED

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Plaintiff Christiana Childers

3/12/11 11:36 PM
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address)

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Plaintiff Guy Courts

3/12/11 11:36 PM
ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED

Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED

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CM/ECF - U.S. District Court:mied
Anne Crivea
Plaintiff Daniel Desprez

3/12/11 11:36 PM
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address)

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Andrea Doyle TERMINATED: 12/18/2008

3/12/11 11:36 PM
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Krista Dutcher TERMINATED: 12/18/2008

3/12/11 11:36 PM
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Ron Easton, Jr.

3/12/11 11:36 PM
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Tyler Elgin

3/12/11 11:36 PM
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Douglas Holmes

3/12/11 11:36 PM
ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Henry Johnson

3/12/11 11:36 PM
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address)

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Corliss Kalchert

3/12/11 11:36 PM
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied

3/12/11 11:36 PM

Plaintiff Brian Kenny

Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Jessica King

3/12/11 11:36 PM
(See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied

3/12/11 11:36 PM

Plaintiff
Nicole Kruszka TERMINATED: 12/18/2008

Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Scott LaFleur

3/12/11 11:36 PM
(See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Jennifer Leal
Plaintiff J. T. Gordon Littleton

3/12/11 11:36 PM
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Jeffrey Manns

3/12/11 11:36 PM
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Scott Marshall

3/12/11 11:36 PM
ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Mark Nuzzolilo

3/12/11 11:36 PM
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address)

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Brandon Okamoto

3/12/11 11:36 PM
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied

3/12/11 11:36 PM

Plaintiff Daniel Rawdon

Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Jason Sanders

3/12/11 11:36 PM
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Paul Schweizer

3/12/11 11:36 PM
ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Christopher Secord

3/12/11 11:36 PM
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address)

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Gary Sereno, II

3/12/11 11:36 PM
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied

3/12/11 11:36 PM

Plaintiff Christopher Smith

Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Patricia Smith

3/12/11 11:36 PM
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Shawn Swinehart

3/12/11 11:36 PM
ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied
Plaintiff Garrett Whipple

3/12/11 11:36 PM
Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth L. Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory T. Gibbs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kenneth M. Mogill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Steinberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel S. Korobkin (See above for address)

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?370282330369254-L_452_0-1

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CM/ECF - U.S. District Court:mied

3/12/11 11:36 PM
ATTORNEY TO BE NOTICED

Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Andrew Popp

Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED

Gregory T. Gibbs (See above for address) ATTORNEY TO BE NOTICED

Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED

Peggy G. Pitt (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Kylie Nyboer TERMINATED: 12/18/2008

represented by Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Jesse Nyboer TERMINATED: 12/18/2008

represented by Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Matthew Boedecker

represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED

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Plaintiff Crystal Camp
Plaintiff Victoria Hamilton
Plaintiff Brennan LaFleur
Plaintiff Bradley O'Neil

Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED

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Plaintiff Danielle Ramiller
Plaintiff Dominic Rocco
Plaintiff Danielle Sanders
Plaintiff Frank Schumacher
Plaintiff Robin Thomas

3/12/11 11:36 PM
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED

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Plaintiff John Russell Turner
Plaintiff Dustin Winn
Plaintiff Rachel Zitta

Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel S. Korobkin (See above for address) ATTORNEY TO BE NOTICED
Maureen M. Crane (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Flint, City of

represented by Daniel A. Klemptner Johnson, Rosati, LaBarge, Aseltyne & Field, P.C. 34405 W. Twelve Mile Road Suite 200

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Farmington Hills, MI 48331 248-489-4100 Fax: 248-489-1726 Email: dklemptner@jrlaf.com ATTORNEY TO BE NOTICED

Defendant
Gary Hagler Flint Chief of Police

Trachelle C. Young Trachelle C. Young & Associates, PLLC 503 S. Saginaw Street Suite 827 Flint, MI 48502 810-239-6302 Fax: 810-239-6924 Email: trachelleyoung@gmail.com TERMINATED: 12/09/2008 ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Michael W. Edmunds Edmunds Law PO Box 1225 Grand Blanc, MI 48480 810-771-8416 Fax: 810-496-2613 Email: EdmundsLaw@comcast.net ATTORNEY TO BE NOTICED

Trachelle C. Young (See above for address) TERMINATED: 12/09/2008 ATTORNEY TO BE NOTICED

Defendant Genesee County

represented by H. William Reising Plunkett & Cooney (Flint) 111 E. Court Street

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Defendant Robert J. Pickell Genesee County Sheriff Defendant Michael Beaver Flint Police Officer

3/12/11 11:36 PM
Suite 1B Flint, MI 48502 810-232-5100 Email: wreising@plunkettcooney.com ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
Richard Besson Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
Colin Birnie Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
Mark Blough Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address)

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ATTORNEY TO BE NOTICED

Defendant
Renee Burnett Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
Alpheno Donastorg Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant Owen Fisher Flint Police Officer TERMINATED: 05/29/2008
Defendant Al Fowlkes Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
Bobby Fowlkes Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address)

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ATTORNEY TO BE NOTICED

Defendant
Joseph Hall Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
Mira Handley Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
Cynthia Herfert Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
Leteia Hughley Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

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Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
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Defendant
Joseph Lechota Flint Police Officer

represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
Vennette Lott Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
Marcus Mahan Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
Patrick Majestic Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
William Meyer Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

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Defendant Candace Miles Flint Police Officer
Defendant Arnold Patrick Flint Police Officer
Defendant Harold Payer Flint Police Officer
Defendant Philip Smith Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED
Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED
Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED
Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED
Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED

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Defendant Wayne Suttles Flint Police Officer
Defendant Sondra Taylor Flint Police Officer
Defendant Dominic Teft Flint Police Officer
Defendant Michael Vance Flint Police Officer
Defendant Rogelio Villarreal Flint Police Officer

3/12/11 11:36 PM
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED
Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED
Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED
Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED
Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

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Defendant
Scott Watson Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant
Terrell Weston Flint Police Officer

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel A. Klemptner (See above for address) ATTORNEY TO BE NOTICED

Defendant Jeff Antcliff Genesee County Deputy
Defendant Dean Curtis Genesee County Deputy
Defendant Sandy Dunlap Genesee County Deputy
Defendant David Dwyre Genesee County Deputy

Michael W. Edmunds (See above for address) ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address) ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address) ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address) ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address)

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Defendant David MacDonald Genesee County Deputy
Defendant Gerald Parks Genesee County Deputy
Defendant Tom Pyles Genesee County Deputy
Defendant Kevin Shanlian Genesee County Deputy
Defendant Russ Sorenson Genesee County Deputy
Defendant Chris Swanson Genesee County Deputy
Defendant Mike Tocarchick Genesee County Deputy
Defendant Jerry Willhelm Genesee County Deputy

3/12/11 11:36 PM
ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address) ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address) ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address) ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address) ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address) ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address) ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address) ATTORNEY TO BE NOTICED
represented by H. William Reising (See above for address) ATTORNEY TO BE NOTICED

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Defendant Mike Wolosuk Genesee County Deputy

3/12/11 11:36 PM
represented by D. Randall Gilmer McGraw Morris, P.C. 2075 W. Big Beaver Road Suite 750 Troy, MI 48084 248-502-4000 Email: drgilmer@mcgrawmorris.com ATTORNEY TO BE NOTICED
G. Gus Morris McGraw Morris PC 2075 West Big Beaver road Suite 750 Troy, MI 48084 248-502-4000 Email: gmorris@mcgrawmorris.com ATTORNEY TO BE NOTICED

Date Filed 03/15/2007 03/20/2007 03/27/2007 03/28/2007 03/28/2007
04/04/2007

# Docket Text
1 COMPLAINT filed by all plaintiffs against all defendants, Receipt No: 555386-DT - Fee: $ 350. (Attachments: # 1 Document Continuation) (CGre) (Entered: 03/15/2007)
2 AMENDED COMPLAINT FIRST filed by all plaintiffs against all defendants. (Crane, Maureen) (Entered: 03/20/2007)
3 ATTORNEY APPEARANCE: H. William Reising appearing on behalf of Genesee County, David MacDonald, Chris Swanson (Reising, H.) (Entered: 03/27/2007)
4 NOTICE of Appearance by Peggy G. Pitt on behalf of all plaintiffs. (Pitt, Peggy) (Entered: 03/28/2007)
5 ATTORNEY APPEARANCE: H. William Reising appearing on behalf of Jeff Antcliff, Dean Curtis, David Dwyre, Gerald Parks, Tom Pyles, Kevin Shanlian, Russ Sorenson, Mike Tocarchick, Jerry Willhelm (Reising, H.) (Entered: 03/28/2007)
6 ATTORNEY APPEARANCE: H. William Reising appearing on behalf of Sandy Dunlap (Reising, H.) (Entered: 04/04/2007)

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04/05/2007 04/06/2007

7 [FILING ERROR - ATTACHMENT 1 IS DUPLICATIVE OF MAIN] CERTIFICATE of Service/Summons Returned Executed. Flint, City of served on 3/21/2007, answer due 4/10/2007; Gary Hagler served on 3/21/2007, answer due 4/10/2007; Genesee County served on 3/21/2007, answer due 4/10/2007; Michael Beaver served on 3/21/2007, answer due 4/10/2007; Richard Besson served on 3/26/2007, answer due 4/16/2007; Colin Birnie served on 3/21/2007, answer due 4/10/2007; Mark Blough served on 3/21/2007, answer due 4/10/2007; Renee Burnett served on 3/26/2007, answer due 4/16/2007; Alpheno Donastorg served on 3/21/2007, answer due 4/10/2007; Al Fowlkes served on 3/21/2007, answer due 4/10/2007; Bobby Fowlkes served on 3/21/2007, answer due 4/10/2007; Joseph Hall served on 3/26/2007, answer due 4/16/2007; Mira Handley served on 3/21/2007, answer due 4/10/2007; Cynthia Herfert served on 3/21/2007, answer due 4/10/2007; Leteia Hughley served on 3/26/2007, answer due 4/16/2007; Vennette Lott served on 3/21/2007, answer due 4/10/2007; Marcus Mahan served on 3/21/2007, answer due 4/10/2007; William Meyer served on 3/21/2007, answer due 4/10/2007; Candace Miles served on 3/26/2007, answer due 4/16/2007; Arnold Patrick served on 3/26/2007, answer due 4/16/2007; Harold Payer served on 3/26/2007, answer due 4/16/2007; Philip Smith served on 3/26/2007, answer due 4/16/2007; Wayne Suttles served on 3/21/2007, answer due 4/10/2007; Sondra Taylor served on 3/26/2007, answer due 4/16/2007; Dominic Teft served on 3/21/2007, answer due 4/10/2007; Michael Vance served on 3/26/2007, answer due 4/16/2007; Rogelio Villarreal served on 3/26/2007, answer due 4/16/2007; Scott Watson served on 3/21/2007, answer due 4/10/2007; Terrell Weston served on 3/26/2007, answer due 4/16/2007; Jeff Antcliff served on 3/26/2007, answer due 4/16/2007; Dean Curtis served on 3/26/2007, answer due 4/16/2007; Sandy Dunlap served on 3/26/2007, answer due 4/16/2007; David Dwyre served on 3/26/2007, answer due 4/16/2007; David MacDonald served on 3/21/2007, answer due 4/10/2007; Gerald Parks served on 3/26/2007, answer due 4/16/2007; Tom Pyles served on 3/26/2007, answer due 4/16/2007; Kevin Shanlian served on 3/26/2007, answer due 4/16/2007; Russ Sorenson served on 3/26/2007, answer due 4/16/2007; Chris Swanson served on 3/21/2007, answer due 4/10/2007; Mike Tocarchick served on 3/26/2007, answer due 4/16/2007; Jerry Willhelm served on 3/26/2007, answer due 4/16/2007; Mike Wolosuk served on 3/26/2007, answer due 4/16/2007. (Attachments: # 1 Document Continuation Return of Service# 2 Document Continuation Return of Service) (Crane, Maureen) Modified on 4/6/2007 (Martin, S.). (Entered: 04/05/2007)
8 (VACATED)ORDER OF PARTIAL DISMISSAL WITHOUT PREJUDICE re 1 Complaint (state law claims). Signed by Honorable Paul V Gadola.

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04/09/2007
04/17/2007 04/18/2007 04/18/2007 04/18/2007 04/19/2007
04/19/2007

(RBri) Modified on 6/8/2007 (Brissaud, R.). (Entered: 04/06/2007)
9 NOTICE of Appearance by Michael W. Edmunds on behalf of Gary Hagler, Michael Beaver, Richard Besson, Colin Birnie, Mark Blough, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, William Meyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Smith, Wayne Suttles, Sondra Taylor, Dominic Teft, Michael Vance, Rogelio Villarreal, Scott Watson, Terrell Weston. (Edmunds, Michael) (Entered: 04/09/2007)
10 NOTICE of Appearance by Daniel A. Klemptner on behalf of Flint, City of, Gary Hagler. (Klemptner, Daniel) (Entered: 04/17/2007)
11 ANSWER to Amended Complaint with Affirmative Defenses by Genesee County. (Reising, H.) (Entered: 04/18/2007)
12 ANSWER to Amended Complaint with Affirmative Defenses by Jeff Antcliff, Dean Curtis, Sandy Dunlap, David Dwyre, David MacDonald, Gerald Parks, Tom Pyles, Kevin Shanlian, Russ Sorenson, Chris Swanson, Mike Tocarchick, Jerry Willhelm. (Reising, H.) (Entered: 04/18/2007)
13 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand Reliance by Flint, City of, Gary Hagler. (Klemptner, Daniel) (Entered: 04/18/2007)
14 ANSWER to Amended Complaint by Gary Hagler, Michael Beaver, Richard Besson, Colin Birnie, Mark Blough, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, William Meyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Smith, Wayne Suttles, Sondra Taylor, Dominic Teft, Michael Vance, Rogelio Villarreal, Scott Watson, Terrell Weston. (Edmunds, Michael) (Entered: 04/19/2007)
15 ANSWER to Complaint with Jury Demand (reliance on jury demand) by Gary Hagler, Michael Beaver, Richard Besson, Colin Birnie, Mark Blough, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, William Meyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Smith, Wayne Suttles, Sondra Taylor, Dominic Teft, Michael Vance, Rogelio Villarreal, Scott Watson, Terrell Weston. (Edmunds, Michael) (Entered: 04/19/2007)

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04/19/2007
04/19/2007 04/19/2007
04/20/2007
04/20/2007 05/04/2007 05/04/2007

16 ANSWER to Amended Complaint with Affirmative Defenses (affirmative defenses) by Gary Hagler, Michael Beaver, Richard Besson, Colin Birnie, Mark Blough, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, William Meyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Smith, Wayne Suttles, Sondra Taylor, Dominic Teft, Michael Vance, Rogelio Villarreal, Scott Watson, Terrell Weston. (Edmunds, Michael) (Entered: 04/19/2007)
17 MOTION for Reconsideration re 8 Order Unopposed by all plaintiffs. (Crane, Maureen) (Entered: 04/19/2007)
18 RESPONSE to 17 MOTION for Reconsideration re 8 Order Unopposed (concurrence) filed by Gary Hagler, Michael Beaver, Richard Besson, Colin Birnie, Mark Blough, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, William Meyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Smith, Wayne Suttles, Sondra Taylor, Dominic Teft, Michael Vance, Rogelio Villarreal, Scott Watson, Terrell Weston. (Edmunds, Michael) (Entered: 04/19/2007)
19 NOTICE of Joinder/Concurrence in 17 MOTION for Reconsideration re 8 Order Unopposed filed by Nicole Kruszka, Michael Bird, Christiana Childers, Corey Anderson, Patricia Smith, Gary Sereno, II, Mark Nuzzolilo, Brian Kenny, Corliss Kalchert, Henry Johnson, Jessica Bremer, Paul Schweizer, Ron Easton, Jr., Daniel Rawdon, Guy Courts, Garrett Whipple, Jennifer Thompson, Andrew Popp, Scott Marshall, Jennifer Leal, Anne Crivea, Tyler Elgin, Jessica King, Jason Sanders, Alan Buckel, Joshua Camp, Christopher Smith, Christopher Secord, Scott LaFleur, Shawn Swinehart, Olatokunbo Bajulaiye, Daniel Desprez, Brandon Okamoto, Shawn Carson, Douglas Holmes, Nathan Boisclair, J. T. Gordon Littleton, Nicholas Carmisito, Andrea Doyle, Krista Dutcher, Jeffrey Manns by Genesee County, Jeff Antcliff, Dean Curtis, Sandy Dunlap, David Dwyre, David MacDonald, Gerald Parks, Tom Pyles, Kevin Shanlian, Russ Sorenson, Chris Swanson, Mike Tocarchick, Jerry Willhelm (Reising, H.) (Entered: 04/20/2007)
20 ATTORNEY APPEARANCE: G. Gus Morris appearing on behalf of Mike Wolosuk (Morris, G.) (Entered: 04/20/2007)
21 ANSWER to Complaint with Affirmative Defenses by Mike Wolosuk. (Morris, G.) (Entered: 05/04/2007)
22 CERTIFICATE of Service/Summons Returned Executed. Robert J. Pickell

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05/14/2007 05/23/2007
05/30/2007 06/01/2007
06/05/2007 06/06/2007 06/08/2007 07/09/2007 07/23/2007
08/16/2007

served on 4/23/2007, answer due 5/14/2007; Joseph Lechota served on 5/2/2007, answer due 5/22/2007; Patrick Majestic served on 4/30/2007, answer due 5/21/2007. (Crane, Maureen) (Entered: 05/04/2007)
23 ANSWER to Amended Complaint with Affirmative Defenses by Robert J. Pickell. (Reising, H.) (Entered: 05/14/2007)
24 NOTICE of hearing on 17 MOTION for Reconsideration re 8 Order. Motion Hearing set for 6/1/2007 01:00 PM before Honorable Paul V Gadola. (RBri) (Entered: 05/23/2007)
25 ANSWER to Amended Complaint with Affirmative Defenses and Reliance on Jury Demand by Mike Wolosuk. (Morris, G.) (Entered: 05/30/2007)
Minute Entry -Motion Hearing held on 6/1/2007 re 17 MOTION for Reconsideration re 8 Order filed by Plaintiffs before Honorable Paul V Gadola. Disposition: Granted(Court Reporter Jennifer Chase) (RBri) (Entered: 06/04/2007)
26 NOTICE TO APPEAR: Scheduling Conference set for 7/11/2007 02:00 PM before Honorable Paul V Gadola (RBri) (Entered: 06/05/2007)
27 ORDER granting 17 Motion for Reconsideration. Signed by Honorable Paul V Gadola. (RBri) (Entered: 06/06/2007)
28 ORDER Vacating 8 Order of Partial Dismissal. Signed by Honorable Paul V Gadola. (RBri) (Entered: 06/08/2007)
29 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Crane, Maureen) (Entered: 07/09/2007)
30 SCHEDULING ORDER:Dispositive Motion Cut-off set for 12/1/2008,Discovery due by 11/1/2008. Signed by Honorable Paul V Gadola. (Refer to image for additional dates) (RBri) (Entered: 07/23/2007)
31 NOTICE of Change of Electronic Filing Registration Information by Gregory T. Gibbs on behalf of Tyler Elgin, Douglas Holmes, Henry Johnson, Corliss Kalchert, Brian Kenny, Jessica King, Nicole Kruszka, Scott LaFleur, Olatokunbo Bajulaiye, Jennifer Leal, J. T. Gordon Littleton, Jeffrey Manns, Scott Marshall, Mark Nuzzolilo, Brandon Okamoto, Daniel Rawdon, Jason Sanders, Paul Schweizer, Christopher Secord, Michael Bird, Gary Sereno, II, Christopher Smith, Patricia Smith, Shawn Swinehart, Garrett Whipple, Nathan Boisclair, Andrew Popp, Jennifer Thompson, Jessica Bremer, Alan Buckel, Joshua Camp, Nicholas Carmisito, Shawn Carson, Christiana Childers, Guy Courts, Anne Crivea, Daniel Desprez, Andrea Doyle, Corey Anderson, Krista

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12/20/2007 12/20/2007 02/29/2008 03/10/2008 04/07/2008 05/29/2008 07/08/2008
07/23/2008 07/28/2008

Dutcher, Ron Easton, Jr. (Gibbs, Gregory) (Entered: 08/16/2007)
32 AMENDED ANSWER to Complaint 2 Amended Complaint with Affirmative Defenses (supplmental) by Robert J. Pickell. (Reising, H.) (Entered: 12/20/2007)
33 AMENDED ANSWER to Complaint 2 Amended Complaint with Affirmative Defenses (supplemental) by Jeff Antcliff, Dean Curtis, Sandy Dunlap, David Dwyre, David MacDonald, Gerald Parks, Tom Pyles, Kevin Shanlian, Russ Sorenson, Chris Swanson, Mike Tocarchick, Jerry Willhelm. (Reising, H.) (Entered: 12/20/2007)
34 STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY. Signed by Honorable Paul V Gadola. (RBri) (Entered: 02/29/2008)
35 STIPULATED ORDER REGARDING JOINDER OF PLAINTIFFS. Signed by Honorable Paul V Gadola. (RBri) (Entered: 03/10/2008)
36 NOTICE of Appearance by D. Randall Gilmer on behalf of Mike Wolosuk. (Gilmer, D.) (Entered: 04/07/2008)
37 STIPULATED ORDER OF DISMISSAL OF DEFENDANT OWEN FISHER, ONLY. Owen Fisher terminated. Signed by District Judge Paul V Gadola. (RBri) (Entered: 05/29/2008)
38 AMENDED COMPLAINT SECOND filed by Kylie Nyboer, Jesse Nyboer, Matthew Boedecker, Crystal Camp, Victoria Hamilton, Brennan LaFleur, Bradley O'Neil, Danielle Ramiller, Dominic Rocco, Danielle Sanders, Frank Schumacher, Robin Thomas, John Russell Turner, Dustin Winn, Rachel Zitta, Tyler Elgin, Douglas Holmes, Henry Johnson, Corliss Kalchert, Brian Kenny, Jessica King, Nicole Kruszka, Scott LaFleur, Olatokunbo Bajulaiye, Jennifer Leal, J. T. Gordon Littleton, Jeffrey Manns, Scott Marshall, Mark Nuzzolilo, Brandon Okamoto, Daniel Rawdon, Jason Sanders, Paul Schweizer, Christopher Secord, Michael Bird, Gary Sereno, II, Christopher Smith, Patricia Smith, Shawn Swinehart, Garrett Whipple, Nathan Boisclair, Andrew Popp, Jennifer Thompson, Jessica Bremer, Alan Buckel, Joshua Camp, Nicholas Carmisito, Shawn Carson, Christiana Childers, Guy Courts, Anne Crivea, Daniel Desprez, Andrea Doyle, Corey Anderson, Krista Dutcher, Ron Easton, Jr against all plaintiffs. (Crane, Maureen) (Entered: 07/08/2008)
39 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Mike Wolosuk. (Morris, G.) (Entered: 07/23/2008)
40 ANSWER to Complaint with Affirmative Defenses (2ND AMENDED COMPLAINT) by Jeff Antcliff, Dean Curtis, Sandy Dunlap, David Dwyre,

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07/28/2008 07/28/2008 07/28/2008
09/04/2008 09/05/2008 09/18/2008 09/25/2008 09/30/2008
10/01/2008 10/01/2008

David MacDonald, Gerald Parks, Tom Pyles, Kevin Shanlian, Russ Sorenson, Chris Swanson, Mike Tocarchick, Jerry Willhelm. (Reising, H.) (Entered: 07/28/2008)
41 ANSWER to Complaint with Affirmative Defenses (2ND AMENDED COMPLAINT) by Genesee County. (Reising, H.) (Entered: 07/28/2008)
42 ANSWER to Complaint with Affirmative Defenses (2ND AMENDED COMPLAINT) by Robert J. Pickell. (Reising, H.) (Entered: 07/28/2008)
43 ANSWER to Complaint with Affirmative Defenses by Flint, City of, Gary Hagler, Michael Beaver, Richard Besson, Colin Birnie, Mark Blough, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, William Meyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Smith, Wayne Suttles, Sondra Taylor, Dominic Teft, Michael Vance, Rogelio Villarreal, Scott Watson, Terrell Weston. (Klemptner, Daniel) (Entered: 07/28/2008)
44 NOTICE of reassignment from District Judge Paul V Gadola to District Judge Stephen J Murphy, III pursuant to Administrative Order 08-AO-039. (SSch) (Entered: 09/04/2008)
45 NOTICE of Appearance by Lauri R. Ellias on behalf of Corey Anderson. (Ellias, Lauri) (Entered: 09/05/2008)
46 ORDER re: previous dates. Signed by District Judge Stephen J Murphy, III. (CGre) (Entered: 09/18/2008)
47 Notice of Failure to Comply with ECF Policies and Procedures as to attorney Peggy G. Pitt. (DHam) (Entered: 09/25/2008)
48 WITNESS LIST by Genesee County, Robert J. Pickell, Jeff Antcliff, Dean Curtis, Sandy Dunlap, David Dwyre, David MacDonald, Gerald Parks, Tom Pyles, Kevin Shanlian, Russ Sorenson, Chris Swanson, Mike Tocarchick, Jerry Willhelm (Reising, H.) (Entered: 09/30/2008)
49 DEFENDANT'S PRELIMINARY TRIAL WITNESS LIST by Mike Wolosuk (Gilmer, D.) (Entered: 10/01/2008)
50 WITNESS LIST by Gary Hagler, Michael Beaver, Richard Besson, Colin Birnie, Mark Blough, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, William Meyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Smith, Wayne Suttles,

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10/01/2008
10/01/2008 10/03/2008 10/17/2008
10/24/2008 11/12/2008

Sondra Taylor, Dominic Teft, Michael Vance, Rogelio Villarreal, Scott Watson, Terrell Weston (Edmunds, Michael) (Entered: 10/01/2008)
51 PLAINTIFFS' WITNESS LIST by Tyler Elgin, Douglas Holmes, Henry Johnson, Corliss Kalchert, Brian Kenny, Jessica King, Nicole Kruszka, Scott LaFleur, Olatokunbo Bajulaiye, Jennifer Leal, J. T. Gordon Littleton, Jeffrey Manns, Scott Marshall, Mark Nuzzolilo, Brandon Okamoto, Daniel Rawdon, Jason Sanders, Paul Schweizer, Christopher Secord, Michael Bird, Gary Sereno, II, Christopher Smith, Patricia Smith, Shawn Swinehart, Garrett Whipple, Michael Beaver, Richard Besson, Colin Birnie, Mark Blough, Renee Burnett, Nathan Boisclair, Jeff Antcliff, Dean Curtis, Andrew Popp, Jennifer Thompson, Jessica Bremer, Alan Buckel, Joshua Camp, Nicholas Carmisito, Kylie Nyboer, Jesse Nyboer, Matthew Boedecker, Crystal Camp, Victoria Hamilton, Brennan LaFleur, Bradley O'Neil, Danielle Ramiller, Dominic Rocco, Danielle Sanders, Frank Schumacher, Robin Thomas, John Russell Turner, Dustin Winn, Rachel Zitta, Shawn Carson, Christiana Childers, Guy Courts, Anne Crivea, Daniel Desprez, Andrea Doyle, Corey Anderson, Krista Dutcher, Ron Easton, Jr (Crane, Maureen) (Entered: 10/01/2008)
52 Preliminary WITNESS LIST by Flint, City of (Klemptner, Daniel) (Entered: 10/01/2008)
53 Notice of Failure to Comply with ECF Policies and Procedures as to attorney Peggy G. Pitt. (DHam) (Entered: 10/03/2008)
54 Joint Submission Status Report REPORT by Gary Hagler, Michael Beaver, Richard Besson, Colin Birnie, Mark Blough, Renee Burnett, Alpheno Donastorg, Al Fowlkes, Bobby Fowlkes, Joseph Hall, Mira Handley, Cynthia Herfert, Leteia Hughley, Joseph Lechota, Vennette Lott, Marcus Mahan, Patrick Majestic, William Meyer, Candace Miles, Arnold Patrick, Harold Payer, Philip Smith, Wayne Suttles, Sondra Taylor, Dominic Teft, Michael Vance, Rogelio Villarreal, Scott Watson, Terrell Weston (Edmunds, Michael) (Entered: 10/17/2008)
55 NOTICE TO APPEAR: Status Conference set for 11/12/2008 02:00 PM before District Judge Stephen J Murphy III (AGre) (Entered: 10/24/2008)
56 SCHEDULING ORDER: Discovery due by 6/1/2009 Dispositive Motion Cut-off set for 7/14/2009 Final Pretrial Conference set for 11/4/2009 02:00 PM before District Judge Stephen J Murphy III Jury Trial set for 12/1/2009 09:00 AM before District Judge Stephen J Murphy III Signed by District Judge Stephen J Murphy, III. (Refer to image for additional dates) (AGre) (Entered: 11/12/2008)

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11/12/2008 11/24/2008 11/24/2008 12/08/2008 12/09/2008 12/18/2008 04/08/2009 04/09/2009
04/20/2009 04/30/2009

57 NOTICE TO APPEAR: Status Conference set for 4/8/2009 02:00 PM before District Judge Stephen J Murphy III (AGre) (Entered: 11/12/2008)
58 NOTICE of Withdrawal of Attorney Daniel A. Klemptner by Flint, City of, Gary Hagler. (Klemptner, Daniel) (Entered: 11/24/2008)
59 NOTICE of Appearance by Trachelle C. Young on behalf of Flint, City of, Gary Hagler. (Young, Trachelle) (Entered: 11/24/2008)
60 ATTORNEY APPEARANCE: Daniel A. Klemptner appearing on behalf of Flint, City of, Gary Hagler (Klemptner, Daniel) (Entered: 12/08/2008)
61 NOTICE of Withdrawal of Attorney Trachelle C. Young by Flint, City of, Gary Hagler. (Young, Trachelle) (Entered: 12/09/2008)
62 Stipulated ORDER Dismissing Nicole Kruszka; Jesse Nyboer; Kylie Nyboer; Andrea Doyle and Krista Dutcher only. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 12/18/2008)
Minute Entry -Status Conference held on 4/8/2009 before District Judge Stephen J Murphy, III. (AGre) (Entered: 04/08/2009)
63 NOTICE of Appearance by Daniel S. Korobkin on behalf of Tyler Elgin, Douglas Holmes, Henry Johnson, Corliss Kalchert, Brian Kenny, Jessica King, Scott LaFleur, Olatokunbo Bajulaiye, Jennifer Leal, J. T. Gordon Littleton, Jeffrey Manns, Scott Marshall, Mark Nuzzolilo, Brandon Okamoto, Daniel Rawdon, Jason Sanders, Paul Schweizer, Christopher Secord, Michael Bird, Gary Sereno, II, Christopher Smith, Patricia Smith, Shawn Swinehart, Garrett Whipple, Nathan Boisclair, Andrew Popp, Jennifer Thompson, Jessica Bremer, Alan Buckel, Joshua Camp, Nicholas Carmisito, Matthew Boedecker, Crystal Camp, Victoria Hamilton, Brennan LaFleur, Bradley O'Neil, Danielle Ramiller, Dominic Rocco, Danielle Sanders, Frank Schumacher, Robin Thomas, John Russell Turner, Dustin Winn, Rachel Zitta, Shawn Carson, Christiana Childers, Guy Courts, Anne Crivea, Daniel Desprez, Corey Anderson, Ron Easton, Jr. (Korobkin, Daniel) (Entered: 04/09/2009)
64 ORDER Requiring Mediation. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 04/20/2009)
65 NOTICE by Tyler Elgin, Douglas Holmes, Henry Johnson, Corliss Kalchert, Brian Kenny, Jessica King, Nicole Kruszka, Scott LaFleur, Olatokunbo Bajulaiye, Jennifer Leal, J. T. Gordon Littleton, Jeffrey Manns, Scott Marshall, Mark Nuzzolilo, Brandon Okamoto, Daniel Rawdon, Jason Sanders, Paul Schweizer, Christopher Secord, Michael Bird, Gary Sereno, II, Christopher Smith, Patricia Smith, Shawn Swinehart, Garrett Whipple, Nathan

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05/14/2009 05/20/2009 08/06/2009 08/20/2009 10/14/2009 10/26/2009 10/26/2009
10/29/2009 10/30/2009
11/02/2009

Boisclair, Andrew Popp, Jennifer Thompson, Jessica Bremer, Alan Buckel, Joshua Camp, Nicholas Carmisito, Kylie Nyboer, Jesse Nyboer, Matthew Boedecker, Crystal Camp, Victoria Hamilton, Brennan LaFleur, Bradley O'Neil, Danielle Ramiller, Dominic Rocco, Danielle Sanders, Frank Schumacher, Robin Thomas, John Russell Turner, Dustin Winn, Rachel Zitta, Shawn Carson, Christiana Childers, Guy Courts, Anne Crivea, Daniel Desprez, Andrea Doyle, Corey Anderson, Krista Dutcher, Ron Easton, Jr of Parties' Selection of Mediator (Crane, Maureen) (Entered: 04/30/2009)
66 STIPULATED ORDER Extending Mediation Deadline to June 10, 2009. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 05/14/2009)
67 ORDER of DISQUALIFICATION and REASSIGNING CASE from Magistrate Judge R. Steven Whalen to Magistrate Judge Michael Hluchaniuk. (SSch) (Entered: 05/20/2009)
68 NOTICE TO APPEAR: Settlement Conference set for 8/20/2009 02:30 PM before District Judge Stephen J Murphy III (AGre) (Entered: 08/06/2009)
Minute Entry -Status Conference regarding Settlement held on 8/20/2009 before District Judge Stephen J Murphy, III. (Court Reporter Karen Klerekoper) (AGre) (Entered: 08/20/2009)
69 NOTICE TO APPEAR: Settlement Conference set for 11/4/2009 02:00 PM before District Judge Stephen J Murphy III (AGre) (Entered: 10/14/2009)
70 MOTION to Certify Class , for Preliminary Settlement Approval, and Other by Jennifer Thompson. (Crane, Maureen) (Entered: 10/26/2009)
71 INDEX of Exhibits re 70 MOTION to Certify Class , for Preliminary Settlement Approval, and Other by Jennifer Thompson (Attachments: # 1 Exhibit 1 Thompson Affidavit, # 2 Exhibit 2 Michael Pitt Affidavit, # 3 Exhibit 3 Plan of Allocation, # 4 Exhibit 4 Class Notice) (Crane, Maureen) (Entered: 10/26/2009)
72 ATTORNEY SUBSTITUTION for Mike Wolosuk: G. Gus Morris added. (New Firm and Address) (Morris, G.) (Entered: 10/29/2009)
73 NOTICE by Jennifer Thompson re 70 MOTION to Certify Class , for Preliminary Settlement Approval, and Other of Executed Prelim Settlement Agreement (Attachments: # 1 Exhibit 1-Settlement Agreement) (Crane, Maureen) (Entered: 10/30/2009)
74 Notice of Failure to Comply with ECF Policies and Procedures as to attorney D. Randall Gilmer. (VLun) (Entered: 11/02/2009)

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11/02/2009 11/04/2009
11/04/2009
11/23/2009 11/30/2009 12/01/2009 12/04/2009 12/14/2009 02/16/2010
02/23/2010

75 Notice of Failure to Comply with ECF Policies and Procedures as to attorney G. Gus Morris. (VLun) (Entered: 11/02/2009)
76 ORDER Preliminarily Approving Settlement Agreement, Conditionally Certifying Class, Approving Class Notice and Scheduling First Fairness Hearing. Motions terminated: 70 MOTION to Certify Class , for Preliminary Settlement Approval, and Other filed by Jennifer Thompson. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 11/04/2009)
TEXT-ONLY ORDER AMENDING 76 Order Regarding FINAL FAIRNESS HEARING DATE. ( FINAL FAIRNESS Hearing re-set for 2/16/2010 02:00 PM before District Judge Stephen J Murphy III) Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 11/04/2009)
77 ORDER Requiring Submission of Agenda for Fairness Hearing. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 11/23/2009)
Set Deadlines/Hearings: Preliminary Fairness Hearing re-set for 12/4/2009 11:30 AM before District Judge Stephen J Murphy III (AGre) (Entered: 11/30/2009)
78 AFFIDAVIT of Publication filed by Jennifer Thompson. Last publication date 11/15/2009 (Crane, Maureen) (Entered: 12/01/2009)
Minute Entry - Fairness Hearing held on 12/4/2009 before District Judge Stephen J Murphy, III. Disposition: Settlement fair; Order to follow(Court Reporter Karen Klerekoper) (AGre) (Entered: 12/04/2009)
79 ORDER Certifying Settlement Class and Approving Settlement, Attorney's Fees and Costs, Plan of Allocation and Appointment of Class Representative. Signed by District Judge Stephen J Murphy, III. (AGre) (Entered: 12/14/2009)
Minute Entry - Fairness Hearing held on 2/16/2010 before District Judge Stephen J Murphy, III. Disposition: Settlement approved as to Fair(Court Reporter Jodi Matthews) (JMos) Modified on 2/17/2010 (JMos). (Entered: 02/16/2010)
80 STIPULATED ORDER DISMISSING CASE Signed by District Judge Stephen J Murphy, III. (Attachments: # 1 Exhibit) (AGre) (Entered: 02/23/2010)

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 THOMPSON, et ai. VS. CITY OF FLINT, et ai.
TERMS OF EQUITABLE RELIEF
As part of resolving Case No. 07-11107, flled in United States District Court for the Eastern Distdct of Michigan, Southern Division, known as Thompson, et al. v.
City of Flint, et aI., Defendant City of Flint and Plaintiffs enter into the following
agreement concerning enforcement of Flint City Ordinance § 31-11, strip searches,
and body cavity searches. This agreement does not constitute an admission of liability or wrongdoing on the part of any Defendant named in this lawsuit, nor should it be read to imply that City of Flint's existing policies, procedures, or training are inadeguate or improper. The parties have already agreed to monetary terms of settlement, and the sole purpose of this agreement is to resolve completely the pending case.
1. Frequenting a Disorderly House (Flint City Ordinance § 31-11). City of Flint agrees that Flint City Ordinance § 31-11 reguires law enforcement officers to make an individualized finding of probable cause as to each person subject to arrest. Accordingly, City of Flint agrees that its law enforcement officers will be trained not to search, cite, or arrest any person for "attend[ing] or frcc]uent[ing] a disordcrly house, room, or place" unless there is particularized probable cause to believe that the specific individual has knowledge of unlawful conduct taking place at that location and knowingly acguiesced in the unlawful conduct at that location. A person shall not be subject to search, citation or arrest merely by virtue of being present at a location where unlawful conduct occurs or being near other individuals who are independently suspected of criminal activity.
2. Strip Searches. City of Flint agrees to comply with M.C.L. § 764.25a.
a. City of Flint agrees that "reasonable cause" as reguired by M.C.L.
§ 764.25a(2) (a) shall be particularized with respect to tl1e person
being strip-searched. A person's mere presence at a location where other people are suspected of engaging in unlawful conduct shall not, by itself, give rise to reasonable cause to strip-search that person Virithout some evidence that the person is concealing evidence of a come.
b. City of Flint agrees that prior written authorization to an officer requesting to perform a strip search ("reguesting officer") is valid only if:
l

(i) The Chief of Police agrees that the person is concealing a weapon, controlled substance or evidence of a crime and provides the authorization to the requesting officer for il1e specific event underlying ille reason for the strip-search; or
(ii) The Chief of Police provides written authorization to approve strip searches to a supervisor and:
(A) the requesting officer informs the supervisor of the basis for the actual or anticipated reasonable cause to strip-search; (B) the supervisor agrees that reasonable cause to strip-search exists;
(C) the supervisor auil10rizes the strip search; and
(D) the requesting officer records -• ilie name of the supervisor illat slhe approached for permission to conduct a strip-search • the date and time when slhe approached the supervisor
c. City of Flint agrees to prepare written reports as required by M.C.L. § 764.25a(4). The report shall include all information enumerated in
M.C.L. § 764.25a(4).
d. In the event Plaintiffs or il1eir attorneys make a written request for copies of strip-search reports:
(i) City of Flint agrees to process the request in accordance wiili the disclosure requirements set forill in the Michigan Freedom of Information Act (FOIA), M.C.L. §15.231 81. seq.; and to waive ilie fees associated with processing any requests submitted "rithin one year of the Court's final order approving tlus agreement.
(ii) Plaintiffs agree tl1at, before receiving any documents responsive to a request submitted more than one year after the Court's final order approving this agreement, they will pay all associated costs to the City of Flint, in accordance with its FOIA fee schedule. Plaintiffs further agree to reference dUs agreement in any request for documents submitted to the City of Flint.
2

3. Body Cavity Searches. City of Flint agrees to comply with M.C.L. § 764.25b.
4. Inte1'1lal Policies. City of Flint agrees to promulgate written internal policies reflecting the terms agreed to in paragraphs 1-3 of this agreement and make those policies known to all City of Flint law enforcement officers whose job assignments make it reasonably likely that they will enforce Flint City Ordinance § 31-11 or conduct a strip search or body cavity search.
5. Training. City of Flint agrees to develop and implement a training curriculum to ensure that its law enforcement officers are familiar with the policies described above in the following manner:
(a) All individual City of Flint police officers named as defendants in this action who are still employed by the City of Flint shall be trained under the curriculum no later than 120 days after the Court enters a final order approving this agreement.
(b) All City of Flint law enforcement officers whose job assignments make it likely that they will enforce Flint City Ordinance § 31-11 or conduct a strip search, shall be trained under the curriculum no later than 240 days after the Court enters a final order approving this agreement. This Section is not intended to impact law enforcement officers who, either by emergency, necessity, or other extraordinary facts or circumstances, may incidentally be called upon to perform a stripsearch.
(c) City of Flint shall notify the Court in writing, and provide Counsel for Plaintiffs with a copy of the written notice, when the training described above is complete. There shall be no further continuing obligation to report to Counsel for Plaintiffs.
(d) After the training described above is complete, no City of Flint law enforcement officer shall begin a new job function or assignment which makes it .lli,ely that they will enforce Flint City Ordinance § 31-11 or conduct a strip search , without receiving the training outlined above. This Section is not intended to impact law enforcement officers who, either by emergency, necessity, or other extraordinary facts or circumstances, may incidentally be called upon to perform a strip-search.
6. Jurisdiction. Plaintiffs and City of Flint stipulate that the Court, as a condition of its final order approving this agreement pursuant to Federal Rule of Civil
3

",rulin:;; ,,=•. Procedure 23(e), and as a condition of its final order of dismissal, shall

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Michael L. Pitt
Pitt McGehee Palmer Rivers & Golden, PC ACLU of Michigan Cooperating Attorney
Attorney for Plaintiffs
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Daniel A. Klemptner

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Johnson Rosati Labarge Aseltyne & Field

Attorney for Defendant City of Flint and

Gary Hagler

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