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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

In the Matter of the Estate of Eddie Joe Lloyd, Deceased by his Duly Appointed Personal Representative, Ruth Harlin and Tia Terese Glenn,

Plaintiffs,

v.
City of Detroit, a Municipal Corporation County of Wayne, a Sub Unit of Government, Officer Thomas DeGalan, Officer Sylvia Milliner, Officer William Rice, Sergeant Kenneth Day, Supervisor John Does, Detroit Psychiatric Institute, Dr. Kyung Seok Han, Barbara Bacon, MSW, Deputy Chief Richard Dungy, Gilbert R. Hill, Former Officer in Charge of Homicide , Lieutenant Robert L. Deane

Case No. 04-70922 HON: Gerald E. Rosen Magistrate Judge Pepe

Defendants, __________________________

PLAINTIFFS’ AMENDED COMPLAINT AND DEMAND FOR JURY NOW COME the Plaintiffs, Ruth Harlin, in her representative capacity for the Estate of Eddie Joe Lloyd, and Tia Terese Glenn, by and through their attorneys, Cochran, Neufeld & Scheck, LLP, and Robinson & Associates, and say: 1. This is a case about unconscionable deceptions. Eddie Joe Lloyd was deceived by the defendant police officers into “confessing” to a crime he did not commit when he was a patient on pyschotropic medications in a mental institution. The Wayne County Prosecutor’s Office was deceived by the defendant police officers who knew they had fed

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Mr. Lloyd details of the crime and who then falsely claimed that Mr. Lloyd had independent knowledge of these details. The jury and judge were deceived, by these police officers and the grossly inadequate defense provided to Mr. Lloyd at his trial, into sending an innocent man to prison for life. The family and friends of the victim, and the citizens of Detroit were deceived into believing that the right man was in prison for this horrific crime, while the real rapist and murderer was at large, free to commit more crimes. This lawsuit seeks to remedy these unconscionable deceptions. 2. This is a case also about gross, inexcusable, and systemic indifference to a minimally competent and functioning criminal justice system. These officers deceived Mr. Lloyd to obtain a false “confession,” and knew their deception would be permitted without any risk of exposure because the defense bar was so underfunded that only the least competent and indifferent attorneys would represent poor and despised clients such as Mr. Lloyd. Further, these deceptions were so convincing, that the trial court judge expressed his opinion that the “only justifiable sentence” would be “termination by extreme contrition” and Mr. Lloyd's own County appointed appellate lawyer wrote to the State of Michigan Attorney Grievance Commission that Mr. Lloyd's existence was "frivolous" and "should be terminated." An unspeakable tragedy was avoided only because Michigan did not permit the death penalty. 3. Mr. Lloyd was imprisoned for seventeen years, three months and twenty-four days for a murder and rape that he did not commit. Mr. Lloyd was exonerated and released on August 26, 2002, based on DNA testing of semen evidence by both law enforcement and independent labs that conclusively excluded him as the rapist/murderer.
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4. Mr. Lloyd’s conviction was the product of a coerced, fabricated confession which was unlawfully obtained and then concealed by defendant police officers, including Thomas DeGalan and the other defendant officers. These defendants fed Mr. Lloyd details about the crime, many of which only the perpetrator could know, and then reported that Mr. Lloyd had independent knowledge of this information, and had volunteered it. Further, in order to coerce, trick, and deceive Mr. Lloyd into adopting the details fed to him in confession form, Officer DeGalan encouraged and exploited Mr. Lloyd’s delusional and mistaken belief that by “confessing” he would be helping to “smoke out” the real killer. Feeding Mr. Lloyd details of the crime and eliciting his “confession” based on Mr. Lloyd’s delusional beliefs was all the more egregious, because at the time of his “confession,” Mr. Lloyd was hospitalized after having been legally adjudicated mentally ill and a person requiring treatment under MCLA 330.1401 and 1472(a). Further, these detectives expressly knew and took advantage of Mr. Lloyd’s delusional condition and his historical and grandiose attempts to help the police solve high profile crimes that had occurred in the City of Detroit. The true nature of Mr. Lloyd’s confession was never disclosed to the prosecution or defense counsel and thus, also constitutes a violation of Lloyd’s civil rights pursuant to Brady v. Maryland and its progeny.
5. The unconstitutional and tortious acts of the individual defendant officers were not isolated incidents. Rather, these acts were consistent with a custom and practice of the Detroit Police Department of using coercive tactics against witnesses and suspects, fabricating evidence, failing to disclose exculpatory evidence, failing to properly investigate serious crimes, and failing to properly train and supervise officers in these critical law enforcement responsibilities. Further, these egregious acts remained hidden 3

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from the jury, due, in part, to the County’s longstanding policy and practice of grossly under funding defense counsel for indigent defendants and the related practice of appointing grossly incompetent defenders. Thus, beyond compensating Mr. Lloyd for the more than seventeen years stolen from him, and his continuing injuries, and beyond compensating his daughter for the loss of her father during her adolescence, this action seeks to redress the unlawful municipal and county customs, policies, patterns and practices pursuant to which defendants, acting under color of law both independently and in concert, violated Mr. Lloyd’s clearly established rights as guaranteed by the First, Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution and The Rehabilitation Act and the laws of the State of Michigan. 6. As a result of defendants’ unconstitutional and tortious conduct, Mr. Lloyd was convicted on May 2, 1985, of first-degree murder and sentenced to mandatory life without parole. Mr. Lloyd seeks relief for the defendants' violation of his rights secured by the Civil Rights Act of 1871, 42 U.S.C. §1983, and of rights secured by the First, Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution, and for rights secured under the laws of the State of Michigan. Further, Mr. Lloyd also seeks relief for the defendants’ violation of his rights secured under The Rehabilitation Act, 29 U.S.C. § 794. Mr. Lloyd’s daughter, plaintiff Tia Terese Glenn, seeks relief for the violation of her rights under the First and Fourteenth Amendments to the United States Constitution and under Michigan law. Plaintiffs seek damages, both compensatory and punitive, affirmative and equitable relief, an award of costs and attorneys fees, and such other and further relief as this court deems equitable and just.
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I. JURISDICTION 7. The events or omissions giving rise to the claims hereunder occurred in the City of
Detroit and County of Wayne wherein both the City and County are subject to personal jurisdiction of the Wayne County Circuit Court. The Estate of Eddie Joe Lloyd brings this action pursuant to MCLA 600.2922, the Wrongful Death Act. 8. Plaintiffs filed the action in the Circuit Court of the Third Judicial Circuit of Michigan on March 4, 2004. 9. The defendants removed this action to the United States District Court Eastern District of Michigan Southern Division pursuant to 28 U.S.C. §§ 1441(a), (b) and (c) on March 11, 2004.
II. THE PARTIES 8. Eddie Joe Lloyd is and was at all times material to this complaint, a resident of the State
of Michigan. On September 22, 2004, he died wrongfully of medical complications incurred during his 17 long years of wrongful incarceration. During his incarceration Eddie Joe Lloyd developed serious health issues related to his heart, his vascular system and his mental and emotional well being. The medical and mental health treatment he received was woefully inadequate or non-existent. Before his death Eddie Joe Lloyd resided within the City of Detroit. 9. Plaintiff, Ruth Harlin, surviving sister of Eddie Joe Lloyd, was appointed Personal Representative of his Estate on December 8, 2004. She is a resident of the State of Michigan.
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10. Plaintiff Tia Terese Glenn is and was at all times material to this complaint, a resident of the State of Michigan. She is Eddie Joe Lloyd’s surviving daughter, and currently resides within the City of Detroit.
11. Defendant City of Detroit (City) is a municipal corporation authorized under the laws of the State of Michigan.
12. Defendant County of Wayne (County) is a sub unit of government authorized under the laws of the State of Michigan.
13. Defendant Thomas DeGalan was at all time material to this complaint, a police officer employed by defendant City of Detroit. Upon information and belief, DeGalan has retired from the police force. He is named in his individual capacity.
14. Defendant Sylvia Milliner was at all times material to this complaint, a police officer employed by defendant City of Detroit. She is named in her individual capacity.
15. Defendant William Rice is and was at all times material to this complaint, a police officer employed by defendant City of Detroit. Upon information and belief, defendant Rice currently resides within the City of Detroit. He is named in his individual capacity.
16. Defendant John Does, whose identities will be learned through discovery, were at all times material to this complaint, supervisors in the Detroit Police Department and employed by defendant City of Detroit. They are named in their individual capacities.
17. Defendant Richard Dungy was at all times material to this complaint, the Deputy Chief of Police of Detroit and employed by the defendant City of Detroit. He is named in his official and individual capacity.
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18. Defendant Gilbert R. Hill was at all times material to this complaint, an Inspector and Supervisor in the Homicide Section of the Detroit Police Department, and employed by the defendant City of Detroit. He is named in his individual capacity.
19. Defendant Lieutenant Robert L. Deane was at all times material to the complaint, a Lieutenant and Supervisor in the Homicide Section of the Detroit Police Department, and employed by the defendant City of Detroit. He is named in his individual capacity.
20. Defendant Sergeant Kenneth Day was at all times material to this complaint, a sergeant in the Detroit Police Department and employed by Defendant City of Detroit. He is named in his individual capacity.
21. Defendant Detroit Psychiatric Institute was at all times material to this complaint, a state psychiatric hospital housed in the City at Herman Keifer Hospital.
22. Defendant Dr. Kyung Seok Han was at all times relevant to this complaint, a psychiatrist, and an employee and agent of Detroit Psychiatric Institute. He is named in his individual capacity.
23. Defendant Barbara Bacon, was at all times relevant to this complaint, a social worker, and an employee and agent of the Detroit Psychiatric Institute. She is named in her individual capacity.
III. FACTS The Murder of Michelle Jackson 24. On January 25, 1984, the body of 16-year-old Michelle Jackson, the latest in a rash of fatal child abductions, the so-called “school-girl rapes” was discovered in an abandoned garage located in the City of Detroit, County of Wayne, State of Michigan. Miss Jackson
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had been raped and strangled to death. She was left partially nude in an abandoned building after she was abducted early in the morning on January 24, 1984. 25. Between September 1983 and February 1984, approximately 47 girls on their way to school were raped in the Detroit area. Ms. Jackson's rape instigated a city-wide outcry and demand for action and led to an intensive investigation and the formation of a special police task force to investigate her rape and murder. 26. Miss Jackson had last been seen alive by a neighbor, who spotted her as she waited for her school bus on Fenkell Avenue at about five minutes past seven. 27. When Miss Jackson did not return from school on the night of the 24th, her family contacted the police and filed a missing person report. The next morning, on the 25th, her family organized a search party, and canvassed the area around Miss Jackson’s route to school. 28. The family found Miss Jackson’s body in an abandoned garage and contacted the police. 29. From the beginning of this investigation, investigators uncovered a number of distinctive characteristics about the crime and the suspect. For example, Miss Jackson was found laying on her back, undressed from the waist down, except for one leg of her long underwear. The other leg of her long underwear was wrapped around her neck. Miss Jackson’s coat, sweater and bra were still on, but they were pushed to the side as to expose her breasts. When Miss Jackson’s body was moved by the evidence technicians at the scene, it was noted that a green “Ale 8” bottle had been inserted into her rectum. A witness also identified a man in a beige coat with a black skull cap around the scene when Miss Jackson was abducted.
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30. Officers from the Detroit Police Department Homicide Section, Squad Three, were assigned to the case. The lead officer on the case was Officer Thomas DeGalan.
31. Upon information and belief, Sergeant Kenneth Day assisted and supervised the investigation by Officer DeGalan.
32. After processing the scene, evidence of the perpetrator’s semen was recovered from swabs of Miss Jackson’s vagina, rectum, and on the bottle, her thermal underwear, and a piece of paper that was stuck to the bottle.
33. A shoe imprint was also recovered from the scene, as were various fingerprints. None of the fingerprints were found to be usable. Outside the garage a pair of women’s blue underwear were found hanging on a small tree.
34. Due to the public outrage over Miss Jackson’s death, Detroit Mayor Coleman A. Young hosted three “rape summits” in order to stop the school-girl rapes. The media extensively covered these rape summits and the actual rape of Michelle Jackson.
35. Adding to the pressure the police department faced during this time, Detroit had the highest homicide rate in the country in 1984 and one of the lowest rates in the country of closing cases.
36. Nine months after the rape and murder of Miss Jackson despite the rape summits, the special police task-force and the intensive investigation, the police had not identified any possible suspects in the case, had no leads as to who raped and murdered her, and had no information about the crime.
Focusing on Eddie Joe Lloyd
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37. On or about October 18, 1984, after obtaining no new information in the Jackson case, Officer Sylvia Milliner of the Sex Crimes Unit received a letter from Mr. Eddie Joe Lloyd, in which Mr. Lloyd stated he would like to assist the department in the investigation of Michelle Jackson’s death. Mr. Lloyd’s letter allegedly mentioned that he had some information about the death of Michelle Jackson. The letter stated that a bottle was found in the victim’s vagina. In fact, the bottle had been found in the victim’s rectum.
38. Officer Milliner was familiar with Mr. Lloyd, as he had written between fifteen and seventeen letters to Officer Milliner, claiming in each that he had information on a crime and the identification of the perpetrator.
39. Mr. Lloyd had also gone to see Officer Milliner in the past claiming he had evidence in cases and that he could help her solve them.
40. Officer Milliner had never attempted to follow up on the “information” Mr. Lloyd claimed he had in past cases, nor did she forward the letters he wrote to other departments or officers investigating the crimes mentioned in the letters. Rather, she believed that Mr. Lloyd was somewhat of a “nuisance” who had no information about any of these crimes.
41. On this occasion, however, Officer Milliner turned over this particular letter about the murder of Michelle Jackson to the officer in charge of the investigation, Officer DeGalan.
42. At the time Mr. Lloyd wrote the letter to Officer Milliner he was involuntarily committed to the Detroit Psychiatric Institute, housed at Herman Kiefer Hospital.
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43. Mr. Lloyd had been hospitalized at the Detroit Psychiatric Institute on September 28, 1984, after he became agitated while waiting for benefits at a government agency.
44. Based on a judicial finding that he was mentally ill, made by a probate judge during a hearing in which he was represented by counsel, Mr. Lloyd was ordered to remain at the Detroit Psychiatric Institute for observation for a period of up to sixty days.
45. Dr. Kyung Seok Han, a psychiatrist at Detroit Psychiatric Institute, diagnosed Mr. Lloyd as suffering from bipolar affective disorder. Mr. Lloyd exhibited symptoms such as: grandiosity, in which he believed that he had more power, money and information than others; and flight of idea, in which his thinking jumped from one subject to another. Additionally, Mr. Lloyd had “a substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.”
46. As a manifestation of his illness, Mr. Lloyd believed at this time that he was about to receive a large amount of money from the Detroit Police Department for his assistance in solving the “Oakland County Murders,” a different series of high-profile child abductions and murders that remain unsolved to this day.
47. Despite their knowledge of his hospitalization, diagnosis and history of offering unreliable “assistance” to the police in solving crimes, the defendant officers tracked Mr. Lloyd to the Detroit Psychiatric Institute, and interviewed him there on October 19, 1984.
Fabricating the Confession 48. At the time of the October 19 interview, Mr. Lloyd was taking the drug Navene, which is
antipsychotic drug with a tranquilizing effect. 11

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49. The interview on October 19 lasted for over two hours. 50. After the October 19 interview, Mr. Lloyd was again interviewed by Officer DeGalan on
October 23 and October 25 at the hospital. Neither of these interviews was taped. 51. On or about October 23, Officer DeGalan spoke to Mr. Lloyd’s social worker, Barbara
Bacon, and/or DR. Kyung Seok Han, Mr. Lloyd’s psychiatrist at the Detroit Psychiatric Institute, and asked that Mr. Lloyd be kept at the hospital, confined to the floor, and without any passes to leave the floor so that Officer DeGalan could continue investigating and questioning Mr. Lloyd. Upon information and belief, Dr. Han had concluded prior to this time that Mr. Lloyd should be afforded passes to leave the floor. Notwithstanding the fact that there was no psychiatric or medical reason to do so, defendants Han and Bacon kept Lloyd from leaving the unit. 52. Upon information and belief, Officer DeGalan also had numerous phone contacts with Mr. Lloyd, none of which was taped. 53. During these interviews, Mr. Lloyd repeated his obviously delusional and mistaken belief that his confession would help smoke out the real killer of Michelle Jackson. He repeatedly stated that he was confessing until the real killer came forth, that the real killer would confess on December 19, 1984, and that he would wait in county jail under a million dollars cash bond and that this would cause the real killer to come forth in December 1984. 54. During these interviews, defendants fed Mr. Lloyd specific information about the crime, much of which only the police and perpetrator could have known. These details were given to Mr. Lloyd in order to make his confession credible and consistent with the evidence of the crime, as the police knew it.
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55. Officer DeGalan coerced, tricked, and deceived Mr. Lloyd into adopting these details, of which Mr. Lloyd had no independent knowledge, by exploiting Mr. Lloyd’s delusional belief that by confessing he would help the police catch the real killer.
56. On October 26, Officer DeGalan again interviewed Mr. Lloyd but also brought Sergeant Rice with him. At this interview, Officer DeGalan wrote out a confession and had Mr. Lloyd sign it.
57. Officer DeGalan also tape-recorded Mr. Lloyd giving this confession. This was the first time DeGalan had taped any of the interviews with Mr. Lloyd, as it was the first time DeGalan knew that Mr. Lloyd had gotten the details to the confession straight.
58. Many specific details that the police knew from their investigation, then fed to Mr. Lloyd, and then coerced, tricked, and deceived him into adopting were found in his “confession,” such as: a. The perpetrator abducted Miss Jackson on January 24, 1985 at about 7:00 a.m. b. The perpetrator abducted Miss Jackson while she was waiting for her school bus. c. The bus stop was located on Fenkell between Wildmere and Parkside. d. The perpetrator was wearing a beige coat and a black skull cap. e. The perpetrator left Miss Jackson in a single-door garage. f. Close to the garage there was a street light attached to a telephone pole. g. Miss Jackson was still wearing her jacket and sweater after she was raped and murdered. h. Her jacket was waist length. i. The perpetrator left Miss Jackson with her sweater and bra still on but pushed to the side so her breasts were exposed. 13

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j. The perpetrator used Miss Jackson’s long johns to wrap them around her neck. k. The perpetrator used the long johns as a ligature to choke Miss Jackson. l. The perpetrator also choked her using his hands. m. The perpetrator ejaculated while raping Ms. Jackson. n. The perpetrator placed and left a bottle in Miss Jackson’s rectum. o. The bottle was green. p. There was sperm on the bottle. q. A piece of paper had been stuck to the bottle. r. The bottle was a pop bottle. s. Miss Jackson had a pair of Gloria Vanderbilt jeans with her that morning, and
they were not left at the scene. t. The missing Gloria Vanderbilt jeans had a bug design on the right rear pocket,
and yellow stitching. u. Miss Jackson was wearing a pair of goldish shiny half-moon earrings, with a lined
pattern resembling little circles on them. v. Miss Jackson’s purse was left in the garage. w. Miss Jackson’s purse contained photos in a plastic type container with pictures x. The content of her purse had been rifled through. y. The perpetrator was wearing shoes that left a pattern design on the ground. z. Miss Jackson’s books were left scattered in the garage, including her homework
book. aa. Miss Jackson’s boots had been taken off and were found in the garage.
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59. Mr. Lloyd had no personal knowledge of these facts concerning the rape and murder of Miss Jackson and no physical evidence tied him to the crime.
60. Defendant DeGalan wrote out the fabricated the “confession,” and had Mr. Lloyd sign and repeat it. Mr. Lloyd’s knowledge of the material facts of the crime contained in his “confession” were fabricated by Officer DeGalan, who was questioning Mr. Lloyd. To elicit his fabricated “confession,” officers met with Mr. Lloyd at least four times to supply him details about the murder, and fueled Mr. Lloyd’s delusional belief that he could help the police flush out the real killer in this crime.
61. Officer DeGalan failed to disclose to the prosecutor and to defense counsel that he fed the facts of the crime to Mr. Lloyd, and that the confession written by the defendants was nothing more than the information defendants provided to Mr. Lloyd, and that they coerced Mr. Lloyd into adopting these facts, and that Mr. Lloyd did not have independent knowledge of these facts or volunteer any of them.
62. In addition to misinforming the prosecutor about the true nature of the “confession,” Officer DeGalan, in his capacity as a complaining witness, testified falsely at Mr. Lloyd’s preliminary examination and criminal trial that Mr. Lloyd volunteered all of the information in the confession.
63. Further, to bolster the weight of the fabricated confession, Degalan testified that he specifically searched all news sources to determine whether any of the facts Lloyd allegedly “volunteered” were made public, and that they had not.
64. Despite the fact that Officer DeGalan knew the confession was coerced and fabricated and there was no other evidence linking Mr. Lloyd to the crime, the officers deliberately failed to investigate other leads or suspects. 15

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65. After this October 26 interview, Officer DeGalan again requested that Dr. Han, and/or Ms. Bacon of Detroit Psychiatric Institute keep Mr. Lloyd in their custody until Officer DeGalan could obtain a warrant for his arrest.
66. At or about this time, Dr. Han believed that Mr. Lloyd no longer demonstrated signs of mental illness or psychosis and no longer satisfied the requirements for involuntary commitment.
67. Based on Officer DeGalan’s request, Detroit Psychiatric Institute, through the actions of Barbara Bacon and/or Hyung Seok Han, kept Mr. Lloyd confined to the floor without any legal or medical cause or justification until a warrant for his arrest was issued.
Subsequent Proceedings 68. Based on Mr. Lloyd’s false, fabricated and coerced “confession,” defendant DeGalan
obtained a search warrant to obtain samples of Mr. Lloyd’s blood. 69. To obtain the search warrant, Officer DeGalan stated that Mr. Lloyd had admitted to
strangling, raping and sodomizing Miss Jackson, when in fact he knew that he had fabricated the false confession based on Mr. Lloyd’s delusional and mistaken belief that by confessing he would help the police find the real killer. 70. Officer DeGalan’s misrepresentation that Mr. Lloyd had confessed was the only evidence that provided probable cause for the search warrant, and DeGalan intentionally and/or with reckless disregard for the truth made this misrepresentation. 71. Although the lab results obtained by the defendants did not conclusively establish or exclude Mr. Lloyd as the perpetrator of this crime, no further testing was conducted or
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requested by Mr. Lloyd’s counsel to determine if Mr. Lloyd was in fact the perpetrator of the crime. 72. Based on his “confession,” defendant officers, including Officers DeGalan and Rice obtained an arrest warrant by filling out an investigator’s report, dated November 26, 1984, and signed by Officer DeGalan, Lieutenant Robert L. Deane and Inspector Gilbert R. Hill. 73. The only evidence linking Mr. Lloyd to the crime and establishing probable cause for the arrest warrant was the coerced, fabricated and false “confession.” 74. The defendants knew this confession was false, and omitted this material information in order to establish probable cause for the arrest Mr. Lloyd. This omission was intentional and/or made with reckless disregard for the truth. 75. The arrest warrant was issued on December 7, 1984. Prior to that time, Officer DeGalan contacted Mr. Lloyd’s parole officer and asked the officer to have Mr. Lloyd charged with violating his parole. 76. Before December 7, 1984, after being kept at Detroit Psychiatric Institute without cause, Mr. Lloyd was transferred to Jackson Prison based on his parole officer’s report that he had violated his parole. 77. On December 7, 1984, an arrest warrant was issued for Mr. Lloyd, although he had been kept in custody, against his will, and without legal justification from October 23 until December 7. 78. Mr. Lloyd was picked up by Officer DeGalan and taken to his arraignment for the murder of Michelle Jackson.
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79. On January 18, 1985, Officer DeGalan and Officer Milliner testified at Mr. Lloyd’s preliminary examination. The purpose of this hearing was to determine if there was probable cause to hold Mr. Lloyd for trial.
80. At this hearing, Officer DeGalan again falsely testified that Mr. Lloyd had volunteered the information in his confession, and had independent knowledge of the information in his confession.
81. The defendants knew this confession was false, and omitted this material information in order to establish probable cause for the arrest of Mr. Lloyd. This omission was intentional and/or made with reckless disregard for the truth.
82. Probable cause was established based solely on Mr. Lloyd’s “confession.”
The Trial 83. Charles Lusby, and then Stanley Rubach were appointed as counsel to Mr. Lloyd. 84. Pursuant to the policy, custom and practice of the County, these attorneys were provided
$150 for all investigation activities, regardless of how much or how little investigation was actually conducted. Neither Mr. Lusby nor Mr. Rubach conducted any meaningful investigation in this capital case. Mr. Lusby retained an investigator, who was a law student, and had served three years for a manslaughter conviction. She never met with Mr. Lloyd, and conducted no meaningful investigation. 85. Mr. Lusby did not hire or ask for any experts on forensics to help him analyze the blood, hair or fingernail scrapings from the crime, nor any of the forensic evidence. Upon information and belief, had Mr. Lusby conducted or requested more testing of the forensic evidence in this case, Mr. Lloyd could have been excluded as the perpetrator.
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86. Mr. Lusby did not hire an expert psychiatrist to evaluate Mr. Lloyd’s condition at the time of his “confession,” nor speak to one to determine the veracity and reliability of Mr. Lloyd’s “confession” or to determine how his delusions could be exploited to create a “confession.”
87. Mr. Lloyd’s trial was set for April 22, 1985. Mr. Lusby claimed he had fallen sick, and did not show up to court that day. No continuance was sought.
88. On April 22, 1985, Mr. Stanley Rubach was appointed to represent Mr. Lloyd, and Mr. Lloyd’s trial was reset for April 30, 1985. Mr. Rubach did not ask for more time to learn about or prepare a defense for Mr. Lloyd’s capital murder trial.
89. Mr. Rubach worked out of a bail bondsman’s office near the courthouse. 90. He, like Mr. Lusby, was well-known to the court and the county as an attorney who was
willing to take capital cases and conduct little or no investigation, and provide little or no defense at trial. 91. Again, like Mr. Lusby, Mr. Rubach did not hire or ask for any forensic experts to help him analyze the blood, hair or fingernail scrapings from the crime, nor did he request an expert psychiatrist to evaluate and explain Mr. Lloyd’s condition at the time of the confession. 92. During the trial, Mr. Rubach hardly cross-examined the witnesses, and did not crossexamine the medical examiner in this case at all. He did not call any defense witnesses. Nor did he offer more than a five minute closing during this first-degree murder case. 93. Again, based solely on the erroneous fabricated “confession” obtained while Mr. Lloyd was on psychiatric medication and legally adjudged mentally ill, on May 2, 1985, Mr. Lloyd was convicted of first degree murder, M.C.L. § 750.316, after a jury trial.
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94. During Mr. Lloyd’s sentencing hearing Judge Townsend stated that the “only justifiable sentence” would be “termination by extreme contrition.” However, because Michigan did not permit the death penalty, Mr. Lloyd was sentenced to life in prison.
95. After Mr. Lloyd's conviction, Judge Townsend appointed Robert E. Slameka as Mr. Lloyd's appellate attorney. Mr. Slameka has been reprimanded by the Attorney Discipline Board for misconduct in sixteen different cases, for both not communicating with clients or filing late legal briefs. He has also been suspended on one occasion, and had been ordered to type, not handwrite, letters to clients. He has also been ordered to attend a seminar on office management.
96. Mr. Slameka never met with Mr. Lloyd, nor did he follow through with filing a vigorous challenge to Mr. Lloyd's conviction. In fact, Mr. Lloyd filed a Request for Investigation with the State of Michigan Attorney Grievance Commission complaining that Mr. Slameka had not contacted him nor kept him apprised of his appeal.
97. Mr. Slameka responded to the inquiry with a handwritten note, stating that Mr. Lloyd's "claim of my wrongdoing is frivolous, just as his existence. Both should be terminated." (Attached as Exhibit 1).
98. Mr. Slameka was reprimanded for failing to make contact with Mr. Lloyd and keep him informed about the status of his appeal.
99. Mr. Lloyd's conviction was upheld and his Request for Review and Delayed Application for Leave to Appeal was denied on January 29, 1988. Plaintiff's subsequent Motion for Reconsideration, writ of certiorari in the United States Supreme Court and Writ of Habeas Corpus in the United States District Court of Michigan were also denied.
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Treatment in Prison 100. Mr. Lloyd was incarcerated in Michigan state correctional facilities from November 1,
1984 to August 26, 2002. Mr. Lloyd was incarcerated at maximum-security prisons throughout the State of Michigan, away from his daughter, Tia Glenn, who was in Detroit. 101. At the time of her father’s conviction, Ms. Glenn was eleven years old. 102. Before Mr. Lloyd was convicted and sent to prison, he maintained a close relationship with Ms. Glenn. 103. As a result of his wrongful conviction and incarceration across the state, Ms. Glenn was unable to maintain a close personal relationship with Mr. Lloyd. When Ms. Glenn became an adult, she and her father communicated by writing on a regular basis. However, Ms. Glenn did not see her father from the time he was incarcerated until his release more than seventeen years later. 104. During his incarceration, Mr. Lloyd suffered from severe medical conditions, including an enlarged prostrate, arterial problems, and hepatitis C. He also underwent two surgeries for his conditions. These medical problems were caused by or exacerbated by his many years of wrongful incarceration.
Exoneration 105. In 1995, after exhausting all avenues of appeal, Mr. Lloyd contacted the newly formed
Innocence Project, claiming his innocence, and seeking assistance in obtaining and testing the biological evidence from the Jackson rape/murder. 106. The Innocence Project contacted the Wayne County Prosecutor’s Office, who assisted the Innocence Project in conducting a search for the biological evidence in this case.
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Eventually, numerous pieces of evidence, including the green Ale-8 bottle, the paper stuck to the bottle, the vaginal and anal swabs, and the victim’s long johns were found through the joint efforts of both groups. 107. Biological testing was done on the discovered evidence by both the Michigan Crime Lab and the independent lab, Forensic Science Associates, which is headed by Dr. Edward T. Blake. Both labs concluded that the DNA on all four pieces of evidence matched each other and excluded Mr. Lloyd as the perpetrator of the crime. 108. Based on these test results, and an investigation by the Wayne County Prosecutor’s Office by Michael Duggan, Mike Cox, the Deputy Chief of Homicide in the Wayne County Prosecutor’s Office, and Kevin Simowski, a Prosecutor in the Homicide Unit, it was established that Eddie Joe Lloyd was wrongfully convicted and that the real perpetrator was still at large. 109. The Wayne County Prosecutor’s Office, the Detroit Police Department, and Detroit Attorney Saul Green joined in the Innocence Project’s motion to vacate Mr. Lloyd conviction on the basis of newly discovered evidence that demonstrated Mr. Lloyd’s innocence. 110. On August 26, 2002, after serving over seventeen years for the rape and murder of Michelle Jackson, which he did not commit, Mr. Lloyd was released from prison. 111. On September 22, 2004, Eddie Joe Lloyd succumbed to death from arteriosclerotic heart disease with evidence of acute myocardial infarction. Just several weeks prior to his death he underwent surgery for placement of a cardiac pacemaker due to the compromised condition of his heart. Eddie Joe Lloyd’s life expectancy and enjoyment of
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life was severely shortened by his wrongful incarceration and the defendants bear significant responsibility for his ailing health.
Systemic Misconduct in Detroit’s Police Department 112. Upon information and belief, there was a custom, policy, pattern and practice in the City
of Detroit and the Detroit Police Department, by and through its final policymakers, beginning years before the unjust conviction of Mr. Lloyd and continuing into his incarceration, of condoning, encouraging, ratifying and acquiescing in the coercion of suspects and witnesses, the fabrication of evidence, and the failure to disclose exculpatory evidence and to adequately investigate serious crimes, such as the rape and murder of Michelle Jackson. 113. An example of these blatantly unconstitutional customs, policies, patterns and practices, is that in murder investigations, police officers kept, as a matter of course, separate files containing exculpatory evidence, labeled “miscellaneous files,” for the specific purpose of concealing exculpatory evidence from the prosecutors and the suspects. 114. The City of Detroit, through its final policymakers, and the individual John Doe police supervisors, failed to adequately train, supervise, and/or discipline officers concerning proper investigatory techniques, evidence collection and evidence disclosure. 115. Upon information and belief, the City of Detroit, through its final policymakers, and the individual John Doe police supervisors failed to adequately screen police officers in order to avoid hiring officers with a propensity for abusing their police authority. 116. Upon information and belief, The City of Detroit, through its final policymakers, including, Mayor Coleman Archer and Police Chief William Archer hired political
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cronies to fill top police department jobs, required officers to campaign on behalf the mayor in their jobs, and created an overall unprofessional culture where qualified officers left the police force in droves, and unqualified candidates were hired to replace them. 117. Further evidence that unconstitutional customs and practices were widespread and tolerated in the department include that the Chief of Police, William Hart, a final policymaker for The City of Detroit, left office and ended his career in disgrace in 1991 when he was indicted and convicted of stealing over a million dollars from police funds. 118. Based on the unconstitutional practices in the Detroit Police Department, including the use of coercion to obtain false confessions and the rounding up and arrest of witness to crimes, the City is currently supervised and monitored by the United States Department of Justice and under a consent decree to stop these unconstitutional practices.
Systemic Misconduct by Wayne County and the Board of Commissioners 119. In 1985, the Recorder’s Court, which has now been folded into the Wayne County
Circuit Court, handled all felony and misdemeanor cases in Detroit. Under Michigan Law in 1985, the Chief Judge of the Recorder’s Court for the City of Detroit acts as Executive Chief Judge of the Recorder’s Court and the Wayne County Circuit Court and is a final policymaker for the County. 120. As the Executive Chief Judge, this person is responsible for setting the rates paid to attorneys representing indigent criminal defendants during trial and appeal. Pursuant to Michigan Law, the rate should be set to provide “reasonable compensation for the services performed.” MI ST 775.16.
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121. After representing an indigent criminal defendant, the attorney is paid by the Wayne County Board of Commissioners, in accordance with the rate set by the Executive Chief Judge.
122. In 1985, at the time of Mr. Lloyd’s trial, compensation rates for capital cases during trial had been reduced to the same rate they had been in 1967. This included a mere $150 for the full preparation and investigation before a criminal trial, regardless of how much or how little time the attorney actually spent investigating the case. Compensation for appellate attorneys was set at $500.
123. Wayne County, by and through its final policymakers, maintained an unconstitutional custom, policy and practice of providing grossly inadequate rates for attorneys who represented indigent criminal defendants during trial and appeal, thereby assuring a system in which the least qualified attorneys would represent indigent defendants in capital cases. Pursuant to this policy, the County regularly appointed grossly incompetent and indifferent attorneys, such as Mr. Rubach, Mr. Lusby, and Mr. Slameka who provided little or no defense to their clients accused of capital offenses.
124. The defendant police officers knew of the County’s unconstitutional custom, policy and practice of providing inadequate rates for attorneys, and knew that because of the this custom, policy and practice, their unconstitutional acts during the “investigation” of Mr. Lloyd would never be revealed at trial or on appeal.
125. These low rates resulted in constitutionally inadequate representation of indigent defendants during trial and appeal, and despite their actual and constructive knowledge of the ineffective assistance of counsel defendants were receiving, the Executive Chief
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Judge of the Recorder’s Court and the Wayne County Circuit Court and the County Board of Commissioners did nothing to ameliorate these conditions.
IV. CLAIMS FOR RELIEF
42 U.S.C. § 1983: Fourteenth Amendment Due Process and Fair Trial Right Violations Fabrication of Evidence; Coercion; Failure to Disclose Exculpatory Material to the Prosecution; Failure to Investigate Against Defendant Police Officers
126. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege:
Fabrication of “Confession” 127. Defendant police officers, including Officer DeGalan, deliberately, and with reckless
disregard for the truth, fabricated evidence by supplying Mr. Lloyd with specific details of the crime and then representing to the prosecutors in the search warrant, the arrest warrant, and during the preliminary examination and at trial that Mr. Lloyd had independent knowledge of these details, and that Mr. Lloyd volunteered these facts. 128. This fabricated evidence was used to establish probable cause for the arrest of Mr. Lloyd, was used to make the decision to try Mr. Lloyd and was used at trial to convict Mr. Lloyd. This fabrication, that Mr. Lloyd was independently aware of the details of Miss Jackson’s death and volunteered them to the police, was the only evidence linking Mr. Lloyd to the death of Miss Jackson. 129. Deliberate fabrication of false evidence used against a criminal defendant violated clearly established constitutional law of which all reasonable officers would have known.
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Failure to Disclose Exculpatory/Impeachment Evidence 130. Defendant police officers, including Officers DeGalan, deliberately failed to document
and disclose to the prosecutors material exculpatory and impeachment information. 131. Defendant police officers did not tell prosecutors, nor did they include in their affidavits
for the search warrant or arrest warrant, that they fed Mr. Lloyd details of the crime, exploited his delusional beliefs, and that they then falsely claimed he had volunteered this information, demonstrating that he had independent knowledge only the perpetrator or police would now. 132. By failing to disclose this information, defendants violated the Fourteenth Amendment, as interpreted by Brady v. Maryland, 373 U.S. 83 (1963), and its pre-1984 progeny, which imposed a clear duty on the defendants not to conceal exculpatory evidence, and rather to report all material exculpatory and impeachment information to prosecutors. 133. Defendants’ bad-faith, intentional and/or reckless failure to disclose this material exculpatory information to the prosecutors deprived Mr. Lloyd of significant exculpatory and impeachment material that would have completely eviscerated the incriminating value of his “confession.” 134. Defendants knew or acted with reckless disregard to the fact that due to his psychiatric condition, and defendants’ manipulation and coercion, Mr. Lloyd was not aware of this material exculpatory evidence and therefore could not have discovered it through diligence unless otherwise disclosed to the prosecution or his defense attorneys. 135. Withholding material exculpatory evidence violated clearly established constitutional law of which all reasonable officers would have known.
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Coercion 136. Defendants, including Officer DeGalan coerced, tricked and deceived Mr. Lloyd into
adopting the facts that he had been given into a confession by taking advantage of Mr. Lloyd’s psychiatric condition, including his delusional belief that he was in partnership with the police and that by confessing he was helping them smoke out the real killer. 137. Because of the defendants coercion, trickery and deceit, Mr. Lloyd’s will was overborne and his confession compelled. 138. DeGalan’s coercion compelled Mr. Lloyd to make false inculpatory statements that were used against him in securing the search warrant, the arrest warrant affidavit, during the preliminary examination hearing and at trial. 139. Coercing a witness or suspect into giving false information violated clearly established constitutional law of which all reasonable officers would have known.
Failure to Investigate 140. Defendants deliberately, recklessly or with deliberate indifference failed to investigate
leads that would have corroborated Mr. Lloyd’s innocence and led to the real perpetrator, violating Mr. Lloyd’s clearly established Fourteenth Amendment right to due process of law. 141. Defendants knew or should have known Mr. Lloyd was not the perpetrator of this crime, and knew that there was no probable cause to believe that Mr. Lloyd was the perpetrator of the crime, as they fabricated, and coerced all the evidence connecting Mr. Lloyd to
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the crime. Defendants chose to continue presenting this false evidence and unlawfully gain the conviction of Mr. Lloyd, instead of adequately investigating the rape and murder of Miss Jackson. 142. Defendants’ intentional, reckless and bad-faith misconduct in fabricating evidence against Mr. Lloyd, suppressing exculpatory evidence, coercing his confession, and failing to adequately investigate the crime deprived Mr. Lloyd of his right to a fair trial, caused Mr. Lloyd’s conviction, and caused him to serve over seventeen years of incarceration for a crime he did not commit, and to suffer the additional physical, emotional and pecuniary damages as described below.
42 U.S.C. § 1983: Fifth and Fourteenth Amendment Violations: Fifth Amendment Right to be Free from Compelled Self-Incrimination, and Fifth and Fourteenth Amendment Right to be free from Coercive Police Conduct that Shocks the
Conscience Against Defendant Police Officers
143. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 144. Although defendants, including Officer DeGalan knew or should have known that Mr.
Lloyd was not involved in the murder of Miss Jackson, he fed him facts about the crime and falsely attributed the knowledge of these facts to Mr. Lloyd, and played on Mr. Lloyd’s mental illness in order to coerce, trick and deceive him into a confession and obtain a conviction of Mr. Lloyd. These coercive and egregious acts violate Mr. Lloyd’s clearly established Fifth Amendment right to be free from compelled self-incrimination, and shock the conscience and violate Mr. Lloyd’s clearly established Fourteenth Amendment substantive due process right.
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145. Officer DeGalan coerced, tricked and deceived Mr. Lloyd into adopting the facts that he had given him into a confession by taking advantage of Mr. Lloyd’s delusional belief that he was in partnership with the police and that by confessing he was helping them smoke out the real killer.
146. Because of Officer DeGalan’s coercion, trickery and deceit, Mr. Lloyd’s will was overborne and his confession compelled.
147. DeGalan’s coercion compelled Mr. Lloyd to make false inculpatory statements that were used against him in securing the search warrant, the arrest warrant affidavit, during the preliminary examination hearing and at trial.
148. Although defendant knew or should have known that Mr. Lloyd’s history of mental illness, involuntary commitment to a county hospital, and medication caused him to be at a great risk to falsely confess to a crime he did not commit, they deliberately ignored this risk when fabricating and coercing Mr. Lloyd to confess to a crime. This deliberate indifference to the risk of obtaining and creating a false confession, shocks the conscience, and violated Mr. Lloyd’s clearly established right to substantive due process as guaranteed by the Fourteenth Amendment.
149. Defendants’ intentional, reckless and bad-faith misconduct in coercing, tricking and deceiving Mr. Lloyd to make inculpatory statements and falsely confess to a crime he did not commit deprived Mr. Lloyd of his right to be free from coerced self-incrimination, caused Mr. Lloyd’s conviction, and caused him to serve over seventeen years of incarceration for a crime he did not commit, and to suffer the additional physical, emotional and pecuniary damages described below. 30

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42 U.S.C. § 1983 Fourth and Fourteenth Amendment Violations: False Arrest, False Imprisonment, Deliberate Fabrication and Material Omissions in the
Arrest Warrant Affidavit (Franks v. Delaware Claim), and Malicious Prosecution Against Defendant Police Officers, and Detroit Psychiatric Institute and Han AND Bacon 150. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 151. No medical or legal justification existed for keeping Mr. Lloyd in custody at Detroit
Psychiatric Institute from the end of October 1984, when Dr. Han believed Mr. Lloyd to be ready for release, until December 7, 1984, when an arrest warrant was issued for his arrest. 152. Mr. Lloyd was kept at the Detroit Psychiatric Institute due to Officer Degalan’s request, and based on the fabricated, coerced and false “confession” elicited by Officer Degalan. Officer Degalan, Dr. Han and Ms. Bacon caused Mr. Lloyd to remain in custody without probable cause and without an arrest warrant. 153. The fabricated, coerced and false “confession” of Mr. Lloyd did not provide probable cause to believe Mr. Lloyd was involved in the rape and murder of Michelle Jackson. 154. The defendants knew that the “confession” was fabricated and coerced and obtained only because Mr. Lloyd thought he was going to help smoke out the real killer, and because they fed him the details of the crime they knew. 155. No other evidence giving rise to probable cause existed, and in fact, Mr. Lloyd was innocent of any crime against Michelle Jackson. 156. Defendant police offices, including DeGalan deliberately, with malice and reckless disregard for the truth, caused an arrest warrant to issue by filing an affidavit containing
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fabricated evidence and omitting material information that would have vitiated probable cause. 157. No warrant would have issued for the arrest of Mr. Lloyd if defendants had not falsified the affidavit, or if they had included the material information about their own misconduct and Mr. Lloyd’s lack of knowledge of the crime. 158. Based upon the fraudulently obtained arrest warrant, defendants arrested Mr. Lloyd for a crime he did not commit, and caused a prosecution to commence against him by charging him with murder. 159. After Mr. Lloyd’s arrest, Officer DeGalan falsely testified at Mr. Lloyd’s preliminary examination hearing, omitted material information about Mr. Lloyd’s “confession” and with malice and reckless disregard for the truth testified that Mr. Lloyd had confessed to this heinous crime. 160. No probable cause would have been found to hold Mr. Lloyd for trial if DeGalan had not testified falsely, or if they had included the material information about their own misconduct and Mr. Lloyd’s lack of knowledge of the crime. 161. Based upon the fabricated probable cause, defendants held Mr. Lloyd for a crime he did not commit, and caused the prosecution to continue against him for murder. 162. Officer DeGalan acted to secure Plaintiff's conviction despite the evidence. He chose to ignore, disclose, or misrepresent the evidence that indicated Plaintiff's innocence. Defendant tendered information they knew, or should have known to be false and failed to disclose material exculpatory evidence, including the true nature of Mr. Lloyd’s
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“confession” which misled the prosecutor to believe he had probable cause and influenced the decision to prosecute. 163. The criminal action ultimately terminated in Plaintiff's favor, when his conviction was vacated on the grounds of his actual innocence, due to conclusive comparative DNA testing, which excluded Mr. Lloyd as the perpetrator. 164. Defendants’ acts in falsifying the arrest warrant affidavit, arresting Mr. Lloyd and commencing, initiating, procuring and/or causing his prosecution were committed with malice and deprived him of his liberty without probable cause or due process of law for seventeen years, in violation of his clearly established rights under the Fourth and Fourteenth Amendments, and caused him to sustain injuries and damages as described below.
42 U.S.C. § 1983: Fourteenth Amendment Violation: Procedural Due Process Claim against Defendant Police Officers, Han, Bacon and Detroit
Psychiatric Institute
165. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 166. Mr. Lloyd had a liberty interest in obtaining his release from his involuntary commitment
at Detroit Psychiatric Institute in accordance with the provisions of Michigan’s mental health laws. 167. Mr. Lloyd had a liberty interest in obtaining release from his involuntary commitment once he no longer met the requirements for commitment under MCLA 330.1401 and 1472(a) for a “person requiring treatment.”
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168. Acting under color of state law, defendants Han, Bacon and DeGalan interfered with and denied Mr. Lloyd’s liberty interest in obtaining his release from Detroit Psychiatric Institute once there was no medical reason to keep him committed and in doing so, violated his right to due process under law.
169. As a result of this violation, Mr. Lloyd was involuntarily kept in Detroit Psychiatric Institute without cause, justification, or legal authority, and without proper process from about the end of October 1984, when defendant Han determined that Mr. Lloyd was eligible for release, until December 7, 1984.
170. As a result, Plaintiff suffered the injuries set forth below.
Fourteenth Amendment Substantive Due Process Claim against Detroit Psychiatric Institute, Han and Bacon
171. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 172. Mr. Lloyd was involuntarily committed to the Detroit Psychiatric Institute. 173. Upon his involuntary commitment, Mr. Lloyd became a ward of the state, and the state,
through Dr. Han and Ms. Bacon owed him a duty to protect him and provide adequate medical and psychiatric care. 174. Defendants breached this duty by failing to protect Mr. Lloyd from police interrogation when Mr. Lloyd was in a delusional state, on pyschotropic medications and vulnerable to manipulative tactics such as those used by the Detroit Police Department.
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175. Defendant Han and Bacon's conduct in allowing the police to speak with Mr. Lloyd in spite of his psychological problems was an abuse of governmental authority unjustified by any legitimate medical or psychological ends.
176. Their conduct shocks the conscience, in that it was deliberately indifferent to Mr. Lloyd's constitutional right to liberty and was a substantial departure from accepted professional judgment, practice, or standards.
177. As a result, Plaintiff suffered the injuries set forth below.
29 U.S.C. § 794 - The Rehabilitation Act Against City of Detroit and Detroit Psychiatric Institute
178. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 179. Mr. Lloyd was a qualified individual as defined by the Rehabilitation Act. 180. The City of Detroit is an entity receiving federal funds as defined by the Rehabilitation
Act. 181. The Detroit Psychiatric Institute is an entity receiving federal funds as defined by the
Rehabilitation Act. 182. Defendant DeGalan coerced and fabricated a confession from Mr. Lloyd during a time
when he was hospitalized after having been legally adjudicated mentally ill and a person requiring treatment under MCLA 330.1401 and 1472(a). The false “confession” was literally obtained while Mr. Lloyd was detained under court order and receiving mental health treatment at Herman Keifer Psychiatric Institute located in Detroit, Michigan.
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183. The police defendants expressly knew of the Plaintiff’s delusional condition and of his historical and grandiose attempts to help the police solve high profile crimes that had occurred in the City of Detroit.
184. City of Detroit, through the defendants, failed to accommodate and, rather, exploited Mr. Lloyd’s disability when they kept him falsely imprisoned in a psychiatric hospital and fed him facts about the crime and falsely attributed them to him, and played on his mental illness in order to obtain a confession and conviction of Mr. Lloyd.
185. The City of Detroit discriminated against Mr. Lloyd by failing to accommodate his mental disability when it failed to regulate, train, and otherwise supervise its employees to properly accommodate the disabilities of mentally ill witnesses and suspects in conducting interrogations and other law enforcement activities.
186. When Mr. Lloyd was fed facts about the crime and then coerced into “falsely” confessing, he was being treated at Detroit Psychiatric Institute, by defendants Han and Bacon.
187. Although both Dr. Han and defendant Bacon knew of Mr. Lloyd’s delusional condition and of his historical and grandiose attempts to help the police solve high profile crimes that had occurred in the City of Detroit, knew he was medicated and involuntary committed, they failed to protect him from or monitor his contact with the police defendants. Han and Bacon also kept Mr. Lloyd committed without justification at the behest of the police defendants after any legal or medical justification for his continued confinement ended.
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188. Detroit Psychiatric Institute discriminated against Mr. Lloyd by failing to accommodate his mental disability when it failed to regulate, train, and otherwise supervise its employees to properly accommodate the disabilities of mentally ill and vulnerable patients who were potential witnesses in a crime, and who were being questioned by the police.
189. As a result, Plaintiff suffered the injuries set forth below.
42 U.S.C. § 1983 Supervisory Liability 190. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: Defendant supervisors, including William Rice, Kenneth Day, Richard Dungy, Gilbert Hill, Robert L. Deane, and other John Does were at the relevant times, supervisory personnel at the Detroit Police Department, with oversight responsibility for Officer DeGalan and other defendant police officers, who obtaining the coerced and fabricated confession from Mr. Lloyd. They were responsible for the hiring, training, instruction, supervision, and discipline of the officers who coerced and fabricated the “confession” from Mr. Lloyd. 191. By reason of the foregoing, these defendants acted with reckless disregard and deliberate indifference in the supervision, hiring, training, and discipline of the individual and officers thereby causing the wrongful conviction of Mr. Lloyd. 192. As a direct and proximate result of said violations, Mr. Lloyd was wrongfully convicted, and suffered the damages described above.
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42 U.S.C. § 1983 Monell Claim Against Defendant City for Unconstitutional Custom, Practice and Policy 193. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 194. At the time of the conduct complained of herein the City, through its policymakers had in
force and effect a policy, practice and custom of coercing witnesses and suspects into false confessions; failing to investigate crimes adequately, fabricating evidence in investigations, and failing to disclose exculpatory and impeachment evidence. 195. The final policymakers of the City of Detroit had actual or constructive knowledge of these unconstitutional practices yet failed to take any reasonable or adequate steps to remedy them. 196. These policies, customs, and practices led Detroit police officers to believe that misconduct would be tolerated and that allegations of abuse of constitutional rights would not be investigated. This pattern made it foreseeable that officers would violate people's constitutional rights in precisely the manner Mr. Lloyd’s rights were violated, and the City, through its final policymakers were deliberately indifferent to this risk. 197. These policies, customs, and practices of the Detroit Police Department as described in this complaint, were the moving force behind Plaintiff's false arrest, malicious prosecution, unconstitutional trial and wrongful incarceration. 198. As a result, Plaintiff suffered the injuries set forth below.
Monell Claim Against Defendant City for Unconstitutional Discipline, Training and Supervision of Police Officers
199. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 38

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200. At the time of the complained of incident, Defendant City had a policy, custom, or practice of failing to properly discipline, supervise, and train Detroit police officers including the individual Defendants in this case in the proper way to conduct investigations, interview witnesses and suspects, and disclose Brady materials. The City failed to ensure that its police officers would conduct constitutionally adequate investigations; refrain from unconstitutional interrogation techniques; obtain probable cause to ensure that suspects would not be falsely arrested and maliciously prosecuted; disclose to prosecutors material information favorable to criminal defendants; follow the duties imposed by Brady v. Maryland; and never fabricate inculpatory evidence.
201. The final policymakers of the City of Detroit had actual or constructive knowledge of these unconstitutional practices yet failed to take any reasonable or adequate steps to remedy them.
202. These policies, customs, and practices led Detroit police officers to believe that misconduct would be tolerated and that allegations of abuse of constitutional rights would not be investigated. This pattern made it foreseeable that officers would violate people's constitutional rights, in precisely the manner Mr. Lloyd’s rights were violated, and the City, through its final policymakers, was deliberately indifferent to this risk.
203. These policies, customs, and practices of the Detroit Police Department as described in this complaint, were the moving force behind Mr. Lloyd’s false arrest, malicious prosecution, unconstitutional trial, and wrongful incarceration.
204. As a result, Plaintiff suffered the injuries set forth below.
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42 U.S.C. § 1983 – Monell Claim against Wayne County and the Wayne County Board of Commissioners for Unconstitutional Policy, Practice and Custom
205. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 206. Mr. Lloyd’s Sixth Amendment Right to counsel during his trial and appeal, and
Fourteenth Amendment right to a fair trial were violated by the ineffective representation afforded to him before and during his trial, and during his appeal. The ineffective assistance of counsel that Mr. Lloyd received was a cause of his unconstitutional trial, wrongful and unjust conviction. 207. At the time of the trial, Wayne County, through its final policymakers, had in force and effect a policy, practice, pattern and/or custom of providing grossly inadequate compensation to attorney’s representing indigent criminal defendants in capital cases during trial and appeal and a related policy, practice and/or custom of appointing grossly incompetent defense attorneys to represent indigent defendants. 208. The final policymakers of Wayne County, including without limitation, The Executive Chief Judge and the Board of Commissioners, had actual or constructive knowledge of these unconstitutional practices yet failed to take any reasonable or adequate steps to remedy it. 209. This policy, custom, pattern and practice ensured that indigent criminal defendants received grossly inadequate assistance of counsel during their cases. This pattern made it foreseeable that Mr. Lloyd’s rights would be violated in precisely the manner in which they were violated. The County, through its final policymakers, knew of this risk, and were deliberately indifferent to it.
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210. This policy, custom, pattern and practice of Wayne County and the Board of Commissioners, as described in this complaint, was the moving force behind the violation of Mr. Lloyd’s right to the effective assistance of counsel and a constitutionally adequate trial.
211. As a result, Plaintiff suffered the injuries set forth below.
42 U.S.C. § 1983 Conspiracy Against Officers DeGalan, Rice, Milliner and Day, and defendants Han and Bacon
212. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 213. The individual defendants, acting in their individual capacities and under color of state
law reached a plan, agreement or understanding to unlawfully and unconstitutionally deprive Mr. Lloyd of his civil rights. 214. In furtherance of this conspiracy, the defendants, among other things: a. Caused Mr. Lloyd to remain involuntary committed to Detroit Psychiatric
Institute after he was fit to be released but before an arrest warrant had been issued for his arrest; b. Fabricated evidence by supplying Mr. Lloyd with details of the crime and then representing to the prosecutors, the court, and the jury, in the search warrant, the arrest warrant, during the preliminary hearing and at trial that Mr. Lloyd had independent knowledge of these details, and that Mr. Lloyd volunteered these facts;
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c. Failed to document and disclose to the prosecutors material exculpatory and impeachment information about the true nature of Mr. Lloyd’s “confession”
d. Took advantage of Mr. Lloyd’s delusional belief that he was in partnership with the police and that by confessing he was helping them smoke out the real killer in order to coerce, trick and deceive Mr. Lloyd into adopting the facts that he had been given into a confession.
215. The Defendants' conspiracy caused the constitutional deprivations suffered by Mr. Lloyd, including his false arrest, illegal confinement, malicious prosecution and wrongful conviction.
216. As a result, Plaintiff suffered the injuries set forth below.
42 U.S.C. § 1983 Pendent Claims Family Association Claims against Officers Degalan and Rice and defendants Han and Bacon
217. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 218. Defendants’ conduct undermined Tia Terese Glenn’s First and Fourteenth Amendment
and recognized familial economic and social interest under state common law for a minor in her relationship to her father and interest in preserving the integrity and stability of the parental relationship from intervention by the state without due process of law.
Michigan False Arrest & False Imprisonment Claims against Defendant Police Officers Rice and DeGalan and Wayne County Employees Dr. Han and Barbara Bacon
219. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 220. Plaintiff was intentionally arrested and intentionally imprisoned by Defendants.
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221. Plaintiff was aware of his arrest and imprisonment and both were against his will. 222. Plaintiff was restrained, detained, and confined and thereby deprived of his personal
liberty and freedom of movement. 223. Plaintiff’s false arrest and imprisonment was accomplished by actual physical force or by
an express of implied threat of force. 224. Plaintiff’s arrest and imprisonment were unlawful as they lacked probable cause as
described in detail above. 225. As a result, Plaintiff suffered the injuries set forth below.
Michigan Malicious Prosecution Claim against Defendant Police Officers Rice, DeGalan and Milliner
226. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 227. Defendants commenced, or caused to be commenced, a criminal prosecution, instituted
with malice and without probable cause against Plaintiff. 228. The criminal action ultimately terminated in Plaintiff's favor, when his conviction was
vacated on the grounds of his actual innocence, due to conclusive comparative DNA exoneration. 229. The prosecution was instituted and continued with a primary purpose other than that of bringing the offender to justice. 230. As a result, Plaintiff suffered the injuries set forth below. Michigan Intentional Infliction of Emotional Distress Claim against Defendant Police
Officers Rice and DeGalan 231. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege:
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232. Defendants intentional actions, individually and collectively, as described above, were so egregious as to beyond the bounds of decent society.
233. As a result, Plaintiff suffered additional aggravation of injuries as set forth below.
Michigan Abuse of Process Claim against Defendant Police Officers Rice and DeGalan 234. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 235. In the course of obtaining the warrant for the arrest of the Mr. Lloyd, the defendants
knew the legal requirements necessary to protect Mr. Lloyd’s statutory and Constitutional rights but instead manipulated and abused the legal process for the purpose of avoiding proper process which would have resulted the Plaintiff’s never having been charged with any crime, let alone a crime for which he was wrongly convicted and sentenced to life in prison. 236. As a result, Plaintiff suffered additional aggravation of injuries as set forth below. Gross Negligence against Defendant Police Officers Rice, DeGalan and Wayne County
Employees Dr. Han and Barbara Bacon 237. Plaintiffs incorporate fully all of the foregoing as if set forth herein and further allege: 238. Defendants conduct as complained of above against the Plaintiff while performed in the
course and furtherance of the Defendants function to perform a governmental function was done with a recklessness that demonstrates a substantial lack of concern as to whether an injury resulted to the Plaintiff which is contrary to law and such that no defendant is entitled to immunity pursuant to MCLA 691.1407. 239. As a result, Plaintiff suffered additional aggravation of injuries as set forth below.

2:04-cv-70922-GER-SDP Doc # 69 Filed 05/10/05 Pg 45 of 49 Pg ID 737
CLAIMS FOR DAMAGES and JURY DEMAND 240. The actions of the Defendants deprived the Plaintiff of his civil rights under the First,
Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution, and The Rehabilitation Act. 241. The unlawful and reckless acts of certain Defendants, as articulated above, constituted false arrest, false imprisonment, malicious prosecution, wrongful conviction, intentional infliction of emotional distress, abuse of process, gross negligence and wrongful death and for all damages applicable under MCLA 600.2922 including but not limited to loss of society and companionship and funeral and burial expenses. 242. The unlawful and reckless actions of the Defendants caused the Plaintiff severe emotional distress, humiliation and embarrassment, pain and suffering, wrongful death and for all damages applicable under MCLA 600.2922 including but not limited to loss of society and companionship and funeral and burial expenses and other damages, including without limitation, damages for lost wages, for which he is entitled monetary relief; 243. All the acts committed by the Defendants described herein for which liability is claimed were done intentionally, unlawfully, maliciously, wantonly, and/or recklessly, and said acts meet all of the standards for imposition of punitive damages.
45

2:04-cv-70922-GER-SDP Doc # 69 Filed 05/10/05 Pg 46 of 49 Pg ID 738
244. As a result of these acts, Mr. Lloyd suffered damages, including, among others, the following: personal injuries; pain and suffering; severe mental anguish; emotional distress; loss of income; infliction of physical illness; inadequate medical care; humiliation; indignities and severe embarrassment; degradation; injury to reputation; permanent loss of natural psychological development; inadequate winter clothing and restrictions on all forms of personal freedom including, but not limited to, diet, sleep, personal contact, educational opportunity, vocational and professional opportunity, athletic opportunity, personal fulfillment, sexual activity, family relations, reading, television, movies, travel, enjoyment, and expression, as a proximate cause of these things alleged above. Mr. Lloyd’s life expectancy was gradually shortened during his wrongful incarceration, his health was compromised as was his ability to receive proper health care and as a direct cause of these compromises Mr. Lloyd died. The class members who survived the death of Mr. Lloyd are entitled to any and all damages under the Wrongful Death Act at MCLA 600.2922.
WHEREFORE, the Plaintiffs pray as follows: A. That this court award damages for Plaintiffs, and against Defendants in the amount of $34,000,000.00 (THIRTY-FOUR MILLION DOLLARS) and grant such other and further relief as is consistent with law and which this Honorable Court deems just and proper.
B. That the Court award punitive damages to the Plaintiffs, and against the Defendants, jointly and/or severally, that will deter such conduct by Defendants in the future; C. For a trial by jury;
46

2:04-cv-70922-GER-SDP Doc # 69 Filed 05/10/05 Pg 47 of 49 Pg ID 739
D. For interest on said judgement, recovery of his costs, including reasonable attorney's fees; and E. For any and all other relief to which plaintiffs may be entitled.
Respectfully Submitted, s/David A. Robinson 28145 Greenfield Rd., Ste. 100 Southfield, MI 48076 (248) 423-7234 darjd@earthlink.net P38574 Dated: May 10, 2005
47

2:04-cv-70922-GER-SDP Doc # 69 Filed 05/10/05 Pg 48 of 49 Pg ID 740

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Eddie Joe Lloyd and Tia Terese Glenn, Plaintiffs,
v City of Detroit et al.,

Case No. 04 70922 U.S. District Judge: Hon. Gerald E. Rosen U.S. Magistrate Judge: Hon. Steven D. Pepe

Defendants. _____________________________________________________________________/

David A. Robinson (P-38754)

John P. Quinn (P-23820)

Attorney for Plaintiff

Attorney for Defendants DeGalan,

28145 Greenfield Road, Ste. 100

Milliner, Rice, Day, Dungy, Deane, Hill

Southfield, MI 48176

and City, including Def Estates of

(248) 423-7234

Young & Hart in their Official capacities

1650 First National Building

Nick Brustin ( NB0605)

Detroit, MI 48226

Co Counsel for Plaintiff

(313) 237-3082

99 Hudson Street 8th Floor

James A. Surowiec (P-49560)

New York, New York 10013

Attorney for Defendant County 600 Randolph, 2nd Floor

Margaret A. Nelson (P-30392)

Detroit, MI 48226

Attorney for Defendants Detroit

(313) 224-6682

Psychiatric Institute, Han and Bacon

P.O. Box 30736

Lansing, MI 48909

(517) 373-6434

_____________________________________________________________________/

CERTIFICATE OF SERVICE

I hereby certify that on May 6, 2005, 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:

,

and I hereby certify that I have mailed by United States Postal Service the document to the

following non ECF participants: Nick Brustin, Attorney for Plaintiffs, John P. Quinn, Attorney

48

2:04-cv-70922-GER-SDP Doc # 69 Filed 05/10/05 Pg 49 of 49 Pg ID 741

for Defendants; Margaret A. Nelson, Attorney for Defendants; Michael Reynolds, Attorney for Defendants..

s/David A. Robinson Robinson & Associates, P.C. Attorneys for Plaintiffs 28145 Greenfield Road. Suite 100 Southfield, MI 48076 (248) 423-7234 darjd@earthlink.net (P38754)
Date: May 10, 2005

BARRY C. SCHECK NICK BRUSTIN ARCHANA PRAKASH Cochran Neufeld & Scheck Attorneys for Plaintiffs 99 Hudson St. 8th Fl. New York, NY 10013 (212) 965-9081

49

 
 2:04-cv-70922-GER-SDP Doc # 110 Filed 06/22/06 Pg 1 of 9 Pg ID 1023

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Ruth Harlin, Personal Representative of the Estate of Eddie Joe Lloyd, Deceased, and Tia Terese Glenn,
Plaintiffs,
v.
City of Detroit, a Municipal Corporation, County of Wayne, a Sub Unit of Government, Officer Thomas DeGalan, Officer Sylvia Milliner, Officer William Rice, Sergeant Kenneth Day, Supervisor John Does, Detroit Psychiatric Institute, Dr. Kyung Seok Han, Barbara Bacon, MSW, Deputy Chief Richard Dungy, Gilbert R. Hill, Former Officer in Charge of Homicide, Lieutenant Robert L. Deane,
Defendants.

Case No. 04 70922 U.S. District Judge: Hon. Gerald E. Rosen
U.S. Magistrate Judge: Hon. Steven D. Pepe
~ ~U~;'2; ~
CLERK'S OFFICE U.S. DISTRICT COURT EASTERN MICHIGAN

David A. Robinson (P-38754) Attorney for Plaintiffs
Barry C. Scheck Nick J. Brustin Jennifer Laurin Cochran Neufeld & Scheck, LLP Co-Counsel for Plaintiff
_ _ _ _ _ _ _ _ _ _1

John P. Quinn (P-23820) Attorney for Defendants DeGalan, Milliner
Rice, Day, Dungy, Deane, Hill and City
Margaret A. Nelson (P-30392) Attorney for DPI, Han and Bacon
Michael J. Reynolds (P-30592) Attorney for Defendant County

CONSENT TO ENTRY OF JUDGMENT AND CONSENT JUDGMENT

2:04-cv-70922-GER-SDP Doc # 110 Filed 06/22/06 Pg 2 of 9 Pg ID 1024

CONSENT TO ENTRY OF JUDGMENT Upon entry a judgment pursuant to this consent, the Estate of Eddie Joe Lloyd, Deceased, and the City of Detroit will enter into the agreement that is attached as Exhibit A. The plaintiffs and the defendants City, DeGalan, Milliner, Rice, Day, Dungy, Deane and Hill consent to entry of the following judgment.

s with consent! David A. Robinson David A. Robinson (P-38754) Attorney for Plaintiffs 28145 Greenfield Road, Ste, 100 Southfield, MI 48076 (248) 423-7234
Barry C. Scheck Nick J. Brustin Jennifer Laurin Cochran Neufeld & Scheck, LLP. Co-Counsel for Plaintiff 99 Hudson Street New York, NY 10013 (212) 965-9081
Dated: _ _ _ _ _ __

s/John p, Quinn John P. Quinn (P-23820) Attorney for Defendants DeGalan,
Milliner, Rice, Day, Dungy, Deane, Hill and City 1650 First National Building Detroit, MI 48226 (313) 237-3082

CONSENT JUDGMENT

JUN 222D06 At a session of said Court held
in Detroit on
Present: Han. Gerald E. Rosen United States District Judge

The Court has considered the above consent of the parties and has conducted a hearing at which testimony was taken. On the basis of that testimony and of the statements of counsel made on the record, the Court finds that: (1) this is a case of

2:04-cv-70922-GER-SDP Doc # 110 Filed 06/22/06 Pg 3 of 9 Pg ID 1025
disputed liability, and no defendant has admitted liability; (2) the settlement of this lawsuit, including the claim of the Estate of Eddie Joe Lloyd, Deceased, embodied in this Consent Judgment is a fair and reasonable settlement; and (3) the plaintiffs have intelligently and voluntarily consented to entry of this judgment after adequate consultation with counsel.
IT IS ORDERED that judgment of no cause of action is entered in favor of the defendants Thomas DeGalan, Sylvia Milliner, William Rice, Kenneth Day, Richard
Dungy, Gilbert R. Hill and Robert L. Deane and against the plaintiffs on all the plaintiffs'
claims against those defendants. IT IS FURTHER ORDERED that the defendants Thomas DeGalan, Sylvia
Milliner, William Rice, Kenneth Day, Richard Dungy, Gilbert R Hill and Robert L. Deane
shall take no costs on this judgment.
IT IS FURTHER ORDERED that the claims of the plaintiff Tia Terese Glenn
against the defendants City of Detroit, Thomas DeGalan, Sylvia Milliner, William Rice,
Kenneth Day, Richard Dungy, Gilbert R. Hill and Robert L. Deane are dismissed with
prejudice and without costs, provided that this dismissal does not foreclose any claim
Tia Terese Glenn may have as a class member under Mich.C.L. § 600.2922 to part of
the proceeds of the judgment in favor of Ruth Harlin, Personal Representative of the Estate of Eddie Joe Lloyd, Deceased.
-2-

2:04-cv-70922-GER-SDP Doc # 110 Filed 06/22/06 Pg 4 of 9 Pg ID 1026
IT IS FURTHER ORDERED that Judgment is entered in favor of the plaintiff Ruth Harlin, Personal Representative of the Estate of Eddie Joe Lloyd, Deceased and against the defendant City of Detroit in the amount of $3,250,000.00, inclusive of all damages, fees, costs and pre- and post-judgment interest.
IT IS FURTHER ORDERED that this judgment merges every claim, arising out of the subject matter of this action and not requiring for its adjudication the presence of third parties over whom the Court cannot acquire jurisdiction, that either plaintiff or anyone represented by or claiming under either plaintiff might now or later have against the City of Detroit, Thomas DeGalan, Sylvia Milliner, William Rice, Kenneth Day, Richard Dungy, Gilbert R. Hill or Robert L. Deane or against any employee or officer of the defendant City of Detroit, and that every action on any such claims is barred by this Judgment.
JUN 222006
-3-

2:04-cv-70922-GER-SDP Doc # 110 Filed 06/22/06 Pg 5 of 9 Pg ID 1027
EXHIBIT A
AGREEMENT CONCERNING ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS BY THE DETROIT POLICE DEPARTMENT
A. Statement of Purpose 1, The parties to this agreement acknowledge the following:
a. electronic video and audio recording of custodial interrogations has been found by law enforcement agencies to protect officers and agencies against claims of abuse and coercion by suspects by eliminating disputes as to what occurred during recorded custodial interrogations;
b. electronic video and audio recording of custodial interrogations protects suspects against the danger that a rogue police officer might engage in improper coercive conduct or falsely report what a suspect says or the source of the information.
c. electronic video and audio recording of custodial interrogations also permits law enforcement officials, prosecutors, and the courts to review custodial interrogations for demeanor, tone, manner, and content of statements, and thereby effectively investigate and prosecute the guilty, and protect the innocent; and
Page 1 of 5

2:04-cv-70922-GER-SDP Doc # 110 Filed 06/22/06 Pg 6 of 9 Pg ID 1028
d. electronic video and audio recording of custodial interrogations fosters public confidence in police practices because recordings demonstrate that law enforcement officials conducting custodial interrogations have nothing to hide from public view.
2. In order to achieve these and other benefits of electronic recording of custodial interrogations, the Detroit Police Department has taken steps to begin electronically recording custodial interrogations of suspects in cases in which the person interrogated faces the possibility of life in prison without parole.
B. Definitions and Scope 1. "The parties" are the City of Detroit ("City") and the Estate of Eddie Joe Lloyd,
Deceased ("Estate"). 2. "Custodial interrogation" means "custodial interrogation," as defined under
Michigan law, of any suspect in an investigation conducted by a member of the Detroit Police Department Homicide Division, or any suspect in an investigation of a crime of serious bodily injury that may result in homicide charges, or any suspect in an investigation of crime that carries a possible sentence of life imprisonment without the possibility of parole. 3. "Electronically record" means to memorialize by video and audio electronic equipment.
Page 2 of 5

2:04-cv-70922-GER-SDP Doc # 110 Filed 06/22/06 Pg 7 of 9 Pg ID 1029
4. "In its entirety" means a record that begins with and includes a law enforcement officer's advice to the person in custody of that person's constitutional rights and ends when the interrogation has completely finished.
5. "Implement" means to take all steps necessary to begin electronically recording custodial interrogations, including but not limited to purchase and installation of electronic recording eqUipment, development of appropriate and necessary policies and procedures, and training of personnel concerning such policies and procedures.
6. The following categories of suspect statements are not subject to this agreement: a. statements made during a custodial interrogation that was not recorded because electronic recording was not feasible; b. statements made after questioning that is routinely asked during the processing of the arrest of a suspect; c. statements made in response to questions asked for the purpose of dealing with an emergency when an officer urgently needs information from a suspect because someone's life or physical well-being is believed to be in imminent danger. d. spontaneous statements that are not made in response to a question; e. statements made when the interrogator(s) is/are unaware that a crime has occurred for which life imprisonment without the possibility of parole is a
Page 3 of 5

2:04-cv-70922-GER-SDP Doc # 110 Filed 06/22/06 Pg 8 of 9 Pg ID 1030

possible sentence; and

f.

statements made during a custodial interrogation by a suspect who

requests, prior to making the statements, to respond to the interrogator's

questions only if an electronic recording is not made of the statements,

provided that an electronic recording is made of the statement of

agreement to respond to the interrogator's questions only if a recording is

not made of the statements.

C. Implementation

1. The City will continue implementation of its program of electronically recording

custodial interrogations of suspects in murder investigations and other

investigations of crimes carrying a possible sentence of life imprisonment without

the possibility of parole.

2. The City will make serious, good-faith efforts to complete implementation, as

defined in paragraph B.5., above, by January 1, 2007. As part of this

implementation, the police department will issue regulations for its program of

electronic video and audio recording of custodial interrogations in its general

procedures manual. 3. Until implementation, as defined in paragraph B.5., above, is complete, the City

will submit a confidential written report bi-monthly to a representative designated

by the Estate. The report will describe the City's progress in achieving

implementation and any obstacles, difficulties or issues encountered in the effort

Page 4 of 5

2:04-cv-70922-GER-SDP Doc # 110 Filed 06/22/06 Pg 9 of 9 Pg ID 1031

to achieve implementation. The City will be open to advice the Estate's
representative may offer to assist in achieving implementation. 4. The parties will in good faith negotiate changes to this agreement that may
become appropriate because of practical problems encountered in the City's effort to achieve implementation, concerns that may be raised by the Wayne County Prosecuting Attorney or other prosecuting authority, or unforeseen circumstances. Any changes negotiated pursuant to this paragraph will be consistent with the statement of purpose set forth in Part A of this Agreement. D. No Third-Party Beneficiary. The parties do not enter into this agreement for the benefit of any third party. No one is a third-party beneficiary of this agreement.
Agreed:

Attorney for Estate of Eddie Joe Lloyd, Deceased
Dated: _ _ _ _ _ _ __

Attorney for City of Detroit

Page 5 of 5

 
 Case: 2:04-cv-70922-GER-SDP As of: 06/26/2012 04:34 PM EDT 1 of 9

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:04−cv−70922−GER−SDP

CLOSED

Lloyd et al v. Detroit City et al Assigned to: District Judge Gerald E. Rosen Referred to: Magistrate Judge Steven D Pepe Demand: $34,000,000 Cause: No cause code entered Plaintiff Eddie Joe Lloyd TERMINATED: 09/24/2004
Plaintiff Tia Terese Glenn

Date Filed: 03/11/2004 Date Terminated: 06/22/2006 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by David A. Robinson Robinson and Associates, P.C. 28145 Greenfield Suite 100 Southfield, MI 48076 248−423−7234 Fax: 248−423−7227 Email: attyrobinson@davidarobinsonlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David A. Robinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nick J. Brustin Cochran, Neufeld,
99 Hudson Street 8th Floor
New York, Ny 10013
917−237−0338 Email: nick@cnscivilrights.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Detroit City
Defendant Wayne, County of

represented by John P. Quinn 2003 Military Street Detroit, MI 48209 519−733−8670 Email: Polutropose@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Azzam E. Elder Wayne County Corporation Counsel 600 Randolph Second Floor Detroit, MI 48226−2831 313−224−5030 LEAD ATTORNEY

Case: 2:04-cv-70922-GER-SDP
Defendant Thomas Degalan Officer Defendant Sylvia Milliner Officer Defendant William Rice, Jr. Officer Defendant Kenneth Day Sergeant Defendant John Doe Supervisor

As of: 06/26/2012 04:34 PM EDT 2 of 9
ATTORNEY TO BE NOTICED
James M. Surowiec Wayne County Corporation Counsel 500 Griswold 11th Floor Detroit, MI 48226 313−224−6682 Email: jsurowiec@co.wayne.mi.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samuel A. Nouhan − INACTIVE Bowman and Brooke 50 W. Big Beaver Road Suite 600 Troy, MI 48084 248−687−5300 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew J. Bredeweg Barris, Sott, 211 W. Fort Street Suite 1500 Detroit, MI 48226−3281 313−965−9725 Email: mbredeweg@bsdd.com ATTORNEY TO BE NOTICED
Michael J. Reynolds Barris, Sott, 211 W. Fort Street Suite 1500 Detroit, MI 48226−3281 313−965−9725 Email: mreynolds@bsdd.com ATTORNEY TO BE NOTICED
represented by John P. Quinn (See above for address) ATTORNEY TO BE NOTICED
represented by John P. Quinn (See above for address) ATTORNEY TO BE NOTICED
represented by John P. Quinn (See above for address) ATTORNEY TO BE NOTICED
represented by John P. Quinn (See above for address) ATTORNEY TO BE NOTICED

Case: 2:04-cv-70922-GER-SDP As of: 06/26/2012 04:34 PM EDT 3 of 9

Defendant Detroit Psychiatric Institute TERMINATED: 05/03/2006
Defendant Kyung Seok Han Dr. TERMINATED: 05/03/2006 Defendant Barbara Bacon MSW TERMINATED: 05/03/2006 Defendant William Hart Estate of
Defendant Richard Dungy Deputy Chief
Defendant Coleman Young Estate of TERMINATED: 10/15/2004
Defendant Gilbert R. Hill
Defendant Robert L. Dean

represented by Margaret A. Nelson Michigan Department of Attorney General Public Employment, Elections and Tort P.O. Box 30736 Lansing, MI 48909 517−373−6434 Email: nelsonm9@michigan.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Margaret A. Nelson (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Nelson (See above for address) ATTORNEY TO BE NOTICED
represented by John P. Quinn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John P. Quinn (See above for address) ATTORNEY TO BE NOTICED
represented by John P. Quinn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John P. Quinn (See above for address) ATTORNEY TO BE NOTICED
represented by John P. Quinn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/11/2004
03/16/2004

# Docket Text
1 NOTICE OF REMOVAL by Detroit City, William Hart, Coleman Young from Wayne County Circuit Court, case number 04−406524. Receipt No. 504348 (Attachments: # 1 Document Continuation)(LSel, ) (Entered: 03/23/2004)
5 CERTIFICATE OF SERVICE by Detroit City re 1 Notice of Removal. (PPaul, ) (Entered: 04/09/2004)

Case: 2:04-cv-70922-GER-SDP As of: 06/26/2012 04:34 PM EDT 4 of 9

03/24/2004 03/24/2004
04/05/2004
04/06/2004 04/06/2004 04/06/2004 04/08/2004 04/08/2004 04/15/2004 04/15/2004 04/15/2004 04/16/2004 04/16/2004 04/20/2004 04/20/2004 04/20/2004 04/20/2004 04/22/2004 04/22/2004 04/22/2004 04/23/2004 04/23/2004 04/23/2004 05/10/2004

2 NOTICE of Appearance, and joinder in removal by John P. Quinn on behalf of Thomas Degalan (PPaul, ) (Entered: 04/02/2004)
3 ANSWER to Complaint with Affirmative Defenses with Jury Demand by Detroit City, Richard Dungy, William Hart, Coleman Young.(PPaul, ) (Entered: 04/02/2004)
NOTICE of Appearance by John P. Quinn on behalf of Kenneth Day, Thomas Degalan, Detroit City, Richard Dungy, William Hart, William Rice Jr., Coleman Young (RHutc, ) (Entered: 04/17/2004)
4 NOTICE of Appearance by James M. Surowiec, Azzam E. Elder on behalf of Wayne County and joinder in removal (DTyle, ) (Entered: 04/08/2004)
6 NOTICE by William Rice Jr. of joinder re 1 Notice of Removal (RHutc, ) (Entered: 04/17/2004)
7 APPEARANCE AND NOTICE by Kenneth Day of joinder re 1 Notice of Removal (RHutc, ) (Entered: 04/17/2004)
8 ANSWER to Complaint with Affirmative Defenses, with Jury Demand by Thomas Degalan.(RHutc, ) (Entered: 04/20/2004)
9 STIPULATION AND ORDER for extension of time to file answer and affirmative defenses. Signed by Judge Gerald E Rosen. (RHutc, ) (Entered: 04/21/2004)
14 ANSWER to Complaint by Wayne County.(RHutc, ) (Entered: 04/24/2004)
15 NOTICE of Appearance by Azzam Elder, Samuel Nouhan and James Surowiec on behalf of Wayne County (RHutc, ) (Entered: 04/26/2004)
16 CERTIFICATE OF SERVICE by Wayne County re 14 Answer to Complaint, 15 Notice of Appearance. (RHutc, ) (Entered: 04/26/2004)
10 NOTICE of Appearance by Margaret A. Nelson on behalf of Detroit Psychiatric Institute (RHutc, ) (Entered: 04/23/2004)
11 NOTICE by Detroit Psychiatric Institute of concurrence re 1 Notice of Removal. (RHutc, ) (Entered: 04/23/2004)
12 NOTICE of Appearance by John P. Quinn on behalf of Sylvia Milliner (RHutc, ) (Entered: 04/24/2004)
NOTICE by Sylvia Milliner of Joinder re 1 Notice of Removal (RHutc, ) (Entered: 04/24/2004)
13 NOTICE of Appearance by John P. Quinn on behalf of Richard Dungy (RHutc, ) (Entered: 04/24/2004)
NOTICE by Richard Dungy of Joinder re 1 Notice of Removal (RHutc, ) (Entered: 04/24/2004)
17 MOTION to Dismiss for failure to state a claim and on ground of qualified immunity by Kenneth Day. (RHutc, ) (Entered: 04/28/2004)
18 ANSWER to Complaint with Affirmative Defenses with Jury Demand by William Rice Jr.(RHutc, ) (Entered: 04/28/2004)
19 NOTICE of Appearance and Joinder in 1 Removal by John P. Quinn on behalf of Robert L. Dean (JGilb, ) (Entered: 04/29/2004)
20 MOTION to Dismiss by Sylvia Milliner. (JGilb, ) (Entered: 04/29/2004)
21 MOTION to Dismiss by Richard Dungy. (JGilb, ) (Entered: 04/29/2004)
22 MOTION to Dismiss by Robert L. Dean. (JGilb, ) (Entered: 04/29/2004)
23 ANSWER to Complaint with Affirmative Defenses by Detroit Psychiatric Institute.(JGilb, ) (Entered: 05/13/2004)

Case: 2:04-cv-70922-GER-SDP As of: 06/26/2012 04:34 PM EDT 5 of 9

05/12/2004
05/20/2004 05/21/2004 05/26/2004 05/26/2004 05/26/2004 05/26/2004 05/28/2004 06/03/2004
06/08/2004 06/08/2004 06/08/2004 06/09/2004 06/21/2004 06/22/2004 06/22/2004 06/22/2004 06/22/2004 06/25/2004
06/28/2004 07/15/2004 08/11/2004
08/16/2004

24 STIPULATION AND ORDER re: MOTIONS to Dismiss 17 , 20 , 21 , 22 : Plaintiff's Responses due by 5/21/2004 and defendants' Replies due by 6/11/2004. Signed by Judge Gerald E Rosen. (JGilb, ) (Entered: 05/14/2004)
25 ATTORNEY APPEARANCE: Margaret A. Nelson appearing on behalf of Barbara Bacon (JGilb, ) (Entered: 05/24/2004)
26 RESPONSE to Motions to Dismiss 17 , 20 , 21 , 22 filed by Eddie Joe Lloyd. (JGilb, ) (Entered: 05/25/2004)
27 ANSWER to Complaint by Barbara Bacon.(JGilb, ) (Entered: 05/28/2004)
28 AFFIRMATIVE DEFENSES by Barbara Bacon (JGilb, ) (Entered: 05/28/2004)
29 NOTICE of Concurrence in 1 Notice of Removal filed by William Hart, Coleman Young, Detroit City by Barbara Bacon (JGilb, ) (Entered: 05/28/2004)
30 CERTIFICATE OF SERVICE by Barbara Bacon re 27 Answer to Complaint, 28 Affirmative Defenses, 29 Notice of Joinder. (JGilb, ) (Entered: 05/28/2004)
31 NOTICE of Appearance and Joinder in 1 Notice of Removal by Gilbert R. Hill (JGilb, ) (Entered: 06/02/2004)
32 STIPULATED ORDER of Voluntary Dismissal of State Tort Claims against Certain Defenants − Signed by Honorable Gerald E Rosen. (JGilb, ) (Entered: 06/07/2004)
33 REPLY to Response re 20 MOTION to Dismiss filed by Sylvia Milliner. (MOre, ) (Entered: 06/10/2004)
34 REPLY to Response re 17 MOTION to Dismiss filed by Kenneth Day. (MOre, ) (Entered: 06/10/2004)
35 REPLY to Response re 21 MOTION to Dismiss, 22 MOTION to Dismiss filed by Robert L. Dean, Richard Dungy. (MOre, ) (Entered: 06/10/2004)
36 MOTION to Dismiss by Gilbert R. Hill. (MOre, ) (Entered: 06/14/2004)
37 RESPONSE brief in opposition 36 Motion to Dismiss filed by plaintiffs. (JGilb, ) (Entered: 06/23/2004)
38 ATTORNEY APPEARANCE: Margaret A. Nelson appearing on behalf of Kyung Seok Han (JGilb, ) (Entered: 06/23/2004)
39 NOTICE of Concurrence in 1 Co−Defendants' Notice of Removal, filed by Kyung Seok Han (JGilb, ) (Entered: 06/23/2004)
40 ANSWER to Complaint, with Affirmative Defenses, by Kyung Seok Han.(JGilb, ) (Entered: 06/23/2004)
41 CERTIFICATE OF SERVICE by Kyung Seok Han re 39 Notice of Joinder and 40 Answer to Complaint. (JGilb, ) (Entered: 06/23/2004)
43 STIPULATION AND ORDER Dismissing Certain Claims as to Certain Defendants − Signed by Honorable Gerald E Rosen. (JGilb, ) (Entered: 07/01/2004)
42 NOTICE TO APPEAR: Scheduling Conference set for 7/29/2004 11:30 AM before Honorable Gerald E Rosen. (LSau, ) (Entered: 06/28/2004)
44 AMENDED NOTICE TO APPEAR: Scheduling Conference set for 8/16/2004 11:00 AM before Honorable Gerald E Rosen. (LSau, ) (Entered: 07/15/2004)
45 REQUEST to inspect and examine all biological and physical evidence acquired or seized in the murder/rape investigation of Michelle Jackson directed to the City of Detroit by Tia Terese Glenn and Eddie Joe Lloyd. (DPer, ) (Entered: 08/16/2004)
Minute Entry −Scheduling Conference held on 8/16/2004 before Honorable Gerald E Rosen. (LSau, ) (Entered: 08/18/2004)

Case: 2:04-cv-70922-GER-SDP As of: 06/26/2012 04:34 PM EDT 6 of 9

08/16/2004 08/20/2004
08/24/2004
09/07/2004
09/24/2004 10/06/2004 10/15/2004
10/19/2004 11/02/2004 11/04/2004 11/29/2004 11/30/2004
01/05/2005 01/27/2005
02/15/2005 03/15/2005 03/16/2005
04/04/2005 04/07/2005 04/08/2005 04/11/2005

46 STIPULATION AND ORDER extending time for discovery responses − Signed by Honorable Gerald E Rosen. (JGilb, ) (Entered: 08/20/2004)
47 SCHEDULING ORDER: Final Pretrial Conference set for 9/29/2005 10:00 AM before Honorable Gerald E Rosen. Dispositive Motion Cut−off set for 5/31/2005 Trailing Trial Docket set for 10/4/2005. Signed by Honorable Gerald E Rosen. (Refer to image for additional dates)(LSau, ) (Entered: 08/20/2004)
48 STIPULATED ORDER To Extend Time For Filing Responsive Pleadings to Discovery Requests − Signed by Honorable Gerald E Rosen. (JGilb, ) (Entered: 08/26/2004)
49 RESPONSE to 45 Plaintiffs' Request to Inspect and Examine all Biological and Physical Evidence Acquired/Seized in the Murder/Rape Investigation of Michelle Jackson filed by Detroit City. (JGilb, ) (Entered: 09/15/2004)
50 Letter from Plaintiffs' attorney David Robinson indicating that Mr. Eddie Joe LLoyd has died. (JGilb, ) (Entered: 09/28/2004)
51 ATTORNEY APPEARANCE AS CO−COUNSEL: Nick J. Brustin appearing on behalf of Tia Terese Glenn; with notice.(JGilb, ) (Entered: 10/07/2004)
52 STIPULATION AND ORDER of Dismissal, without prejudice and costs, as to Estate of Coleman Young only − Signed by Honorable Gerald E Rosen. (JGilb, ) (Entered: 10/18/2004)
53 STIPULATED ORDER to Extend Time to File Motions − Signed by Honorable Gerald E Rosen. (JGilb, ) (Entered: 10/20/2004)
54 MOTION for Summary Judgment by Wayne County; with exhibits A−H. (Attachments: # 1 Document Continuation)(JGilb, ) (Entered: 11/03/2004)
Minute Entry −Status Conference held on 11/4/2004 before Honorable Gerald E Rosen. (LSau, ) (Entered: 11/05/2004)
56 STIPULATED PROTECTIVE ORDER − Signed by Honorable Gerald E Rosen. (JGilb, ) (Entered: 12/01/2004)
55 NOTICE by Kenneth Day, Robert L. Dean, Thomas Degalan, Detroit City, Richard Dungy, William Hart, Gilbert R. Hill, Sylvia Milliner, William Rice Jr. of Intent to Claim Fault of Nonparties (Quinn, John) (Entered: 11/30/2004)
57 NOTICE of Intent to Claim Fault of Nonparty by Wayne County (JGilb, ) (Entered: 01/06/2005)
58 ATTORNEY APPEARANCE: Michael J. Reynolds appearing on behalf of Wayne County Appearance and Notice of Appearance.(Reynolds, Michael) (Entered: 01/27/2005)
59 ATTORNEY APPEARANCE: Matthew J. Bredeweg appearing on behalf of Wayne County Appearance.(Bredeweg, Matthew) (Entered: 02/15/2005)
60 MOTION to extend discovery by plaintiff. (DPer, ) (Entered: 03/16/2005)
61 RESPONSE Brief to Plaintiffs' Uncontested Motion to Extend Discovery by Thomas Degalan, Kenneth Day, Robert L. Dean, Detroit City. (Quinn, John) (Entered: 03/16/2005)
62 SUGGESTION OF DEATH Upon the Record as to Eddie Joe Lloyd (DTyle, ) (Entered: 04/05/2005)
63 MOTION to File Amended Complaint by all plaintiffs. (Attachments: # 1 Document Continuation)(NHoll, ) (Entered: 04/08/2005)
Minute Entry −Telephone Conference held on 4/8/2005 before Honorable Gerald E Rosen. (LSau, ) (Entered: 04/08/2005)
64 SCHEDULING ORDER extending deadlines: Final Pretrial Conference set for 1/26/2006 11:00 AM; Dispositive Motion Cut−off set for 9/30/2005; Trailing Trial Docket set for February 2005 and discovery due by 8/31/2005. Signed by

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04/20/2005
05/06/2005
05/06/2005 05/06/2005
05/10/2005 05/13/2005
05/23/2005 05/26/2005 06/03/2005
06/17/2005 06/17/2005 06/17/2005 06/17/2005 06/17/2005 06/17/2005 06/17/2005 06/17/2005 08/17/2005 08/17/2005
08/17/2005

Honorable Gerald E Rosen. (Refer to image for additional dates)(DTyle, ) (Entered: 04/12/2005)
65 BRIEF in Support re 63 MOTION to Amend/Correct 1 Notice of Removal Brief Opposition Motion filed by Thomas Degalan, Kenneth Day, Robert L. Dean, Detroit City. (Attachments: # 1 Exhibit A)(Quinn, John) (Entered: 04/20/2005)
66 REPLY to Response re 63 MOTION to Amend/Correct 1 Notice of Removal Please find enclosed Plaintiff's Reply Brief to City Defendants' Opposition to Plaintiffs' Motion to File Amende dComplaint along with Certificate of Service filed by all plaintiffs. (Attachments: # 1)(Robinson, David) (Entered: 05/06/2005)
67 ORDER granting 63 Motion to file amended complaint.Signed by Honorable Gerald E Rosen. (DPer, ) (Entered: 05/09/2005)
68 ORDER with stipulation extending time to file reply to 65 Response brief. Reply due: 5/6/2005. Signed by Honorable Gerald E Rosen. (DPer, ) (Entered: 05/09/2005)
69 AMENDED COMPLAINT and Demand for Jury filed by all plaintiffs against all plaintiffs. (Attachments: # 1)(Robinson, David) (Entered: 05/10/2005)
70 STIPULATION re 69 Amended Complaint to Extend Time to Respond by Thomas Degalan, Sylvia Milliner, William Rice, Jr, Kenneth Day, John Doe, Detroit Psychiatric Institute, Kyung Seok Han, Barbara Bacon, William Hart, Richard Dungy, Gilbert R. Hill, Robert L. Dean, Eddie Joe Lloyd, Tia Terese Glenn, Detroit City, Wayne County.(Quinn, John) (Entered: 05/13/2005)
71 ORDER extending time to respond to 69 Amended Complaint Response due by 6/3/2005. Signed by Honorable Gerald E Rosen. (DTyle, ) (Entered: 05/24/2005)
72 STIPULATED PROTECTIVE ORDER. Signed by Honorable Gerald E Rosen. (NHoll, ) (Entered: 05/27/2005)
73 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Wayne County. (Attachments: # 1 Document Continuation Jury Demand)(Reynolds, Michael) (Entered: 06/03/2005)
74 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand (Reliance on) by Kenneth Day.(Quinn, John) (Entered: 06/17/2005)
75 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand (Reliance on) by Robert L. Dean.(Quinn, John) (Entered: 06/17/2005)
76 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand (Reliance on) by Thomas Degalan.(Quinn, John) (Entered: 06/17/2005)
77 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand (Reliance on) by Detroit City.(Quinn, John) (Entered: 06/17/2005)
78 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand (Reliance on) by Richard Dungy.(Quinn, John) (Entered: 06/17/2005)
79 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand (Reliance on) by Gilbert R. Hill.(Quinn, John) (Entered: 06/17/2005)
80 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand (Reliance on) by Sylvia Milliner.(Quinn, John) (Entered: 06/17/2005)
81 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand (Reliance on) by William Rice, Jr.(Quinn, John) (Entered: 06/17/2005)
82 WITNESS LIST by Wayne County (Bredeweg, Matthew) (Entered: 08/17/2005)
83 Preliminary Non−Expert Witness List and Expert WITNESS LIST by Detroit Psychiatric Institute, Kyung Seok Han, Barbara Bacon (Nelson, Margaret) (Entered: 08/17/2005)
84 Preliminary WITNESS LIST by Thomas Degalan, Kenneth Day, Robert L. Dean, Detroit City (Quinn, John) (Entered: 08/17/2005)

Case: 2:04-cv-70922-GER-SDP As of: 06/26/2012 04:34 PM EDT 8 of 9

08/17/2005 08/18/2005 08/19/2005 08/19/2005 09/26/2005 10/31/2005 11/07/2005 11/15/2005 11/15/2005 12/15/2005
12/15/2005
12/15/2005 12/15/2005 01/10/2006 01/10/2006 01/10/2006 01/10/2006 01/10/2006 01/20/2006 01/25/2006 02/16/2006
03/01/2006 04/27/2006

85 Preliminary WITNESS LIST by Eddie Joe Lloyd (Prakash, Archana) (Entered: 08/17/2005)
Minute Entry −Telephone Conference held on 8/18/2005 before Honorable Gerald E Rosen. (VSim, ) (Entered: 08/18/2005)
86 ORDER Extending Deadlines. Signed by Honorable Gerald E Rosen. (NHoll, ) (Entered: 08/23/2005)
87 ORDER Dismissing Pending Motions, without prejudice. Signed by Honorable Gerald E Rosen. (NHoll, ) (Entered: 08/23/2005)
88 AMENDED ORDER Extending Deadlines. Signed by Honorable Gerald E Rosen. (NHoll, ) (Entered: 09/28/2005)
89 NOTICE TO APPEAR: Scheduling Conference set for 11/7/2005 03:00 PM before Honorable Gerald E Rosen. (VSim, ) (Entered: 10/31/2005)
Minute Entry −Status Conference held on 11/7/2005 before Honorable Gerald E Rosen. (LSau, ) (Entered: 11/09/2005)
90 Defendant Wayne County's Supplemental WITNESS LIST by Wayne County (Bredeweg, Matthew) (Entered: 11/15/2005)
91 Plaintiffs' Preliminary Non−Expert WITNESS LIST by Tia Terese Glenn (Attachments: # 1 # 2)(Robinson, David) (Entered: 11/15/2005)
92 [FILING ERROR: entry has witness list filed in duplicate]Plaintiffs' Final Non−Expert WITNESS LIST by Tia Terese Glenn (Attachments: # 1 # 2)(Robinson, David) Modified on 12/16/2005 (DPer, ). (Entered: 12/15/2005)
93 WITNESS LIST by Thomas Degalan, Sylvia Milliner, William Rice, Jr, Kenneth Day, William Hart, Richard Dungy, Gilbert R. Hill, Robert L. Dean, Detroit City (Quinn, John) (Entered: 12/15/2005)
94 Final Non−Expert WITNESS LIST by Detroit Psychiatric Institute, Kyung Seok Han, Barbara Bacon (Nelson, Margaret) (Entered: 12/15/2005)
95 Defendant Wayne County's Final Non−Expert WITNESS LIST by Wayne County (Reynolds, Michael) (Entered: 12/15/2005)
96 DECLARATION by City of Detroit Conditional Confession of Judgment filed by Detroit City.(Quinn, John) (Entered: 01/10/2006)
97 DECLARATION by Kenneth Day Conditional Confession of Judgment filed by Kenneth Day.(Quinn, John) (Entered: 01/10/2006)
98 DECLARATION by Robert L. Deane Conditional Confession of Judgment filed by Robert L. Dean.(Quinn, John) (Entered: 01/10/2006)
99 DECLARATION by Richard Dungy Conditional Confession of Judgment filed by Richard Dungy.(Quinn, John) (Entered: 01/10/2006)
100 DECLARATION by Gilbert R. Hill Conditional Confession of Judgment filed by Gilbert R. Hill.(Quinn, John) (Entered: 01/10/2006)
101 STIPULATED AMENDED SCHEDULING ORDER. Signed by Honorable Gerald E Rosen. (NHoll, ) (Entered: 01/24/2006)
102 STIPULATED AMENDED SCHEDULING ORDER. Signed by Honorable Gerald E Rosen. (NHoll, ) (Entered: 01/30/2006)
103 Joint MOTION Amendment of Scheduling Order by Plaintiffs and by Thomas Degalan, Sylvia Milliner, William Rice, Jr, Kenneth Day, Richard Dungy, Gilbert R. Hill, Robert L. Dean, Detroit City. (Quinn, John) (Entered: 02/16/2006)
104 ORDER granting 103 Motion to Amend Scheduling Order. Signed by Honorable Gerald E Rosen. (SMar, ) (Entered: 03/02/2006)
105 MOTION for Disbursement of Funds and to Settle Claim by all plaintiffs. (Robinson, David) (Entered: 04/27/2006)

Case: 2:04-cv-70922-GER-SDP As of: 06/26/2012 04:34 PM EDT 9 of 9

05/03/2006 05/03/2006 05/05/2006 06/08/2006
06/22/2006 06/22/2006 06/27/2006 07/10/2006

106 RESPONSE to 105 MOTION for Disbursement of Funds and to Settle Claim filed by Detroit City. (Quinn, John) (Entered: 05/03/2006)
107 STIPULATION AND ORDER. Kyung Seok Han; Barbara Bacon and Detroit Psychiatric Institute terminated. Signed by Honorable Gerald E Rosen. (CGre, ) (Entered: 05/03/2006)
108 NOTICE of hearing on 105 MOTION for Disbursement of Funds and to Settle Claim. Motion Hearing set for 6/8/2006 03:30 PM before Honorable Gerald E Rosen. (LSau, ) (Entered: 05/05/2006)
Minute Entry −Motion Hearing held on 6/8/2006 re 105 MOTION for Disbursement of Funds and to Settle Claim filed by Eddie Joe Lloyd,, Tia Terese Glenn, before Honorable Gerald E Rosen. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter CAROL SAPALA) (LSau, ) (Entered: 06/09/2006)
109 ORDER FOR AUTHORITY TO SETTLE CLAIM AND DISTRIBUTE PROCEEDS and granting 105 Motion for Disbursement of Funds− Signed by Honorable Gerald E Rosen. (THal, ) (Entered: 06/22/2006)
110 CONSENT JUDGMENT Signed by Honorable Gerald E Rosen. (THal, ) (Entered: 06/26/2006)
111 STIPULATION AND ORDER TO DISMISS WITH PREJUDICE all claims against Wayne County. Signed by Honorable Gerald E Rosen. (THal, ) (Entered: 06/27/2006)
112 SATISFACTION OF JUDGMENT as to Thomas Degalan, Sylvia Milliner, William Rice, Jr, Kenneth Day, John Doe, William Hart, Richard Dungy, Gilbert R. Hill, Robert L. Dean, Detroit City by Eddie Joe Lloyd, Tia Terese Glenn.(Quinn, John) (Entered: 07/10/2006)