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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SOUTHWEST METALS Inc., a 

Michigan corporation, and JOSEPH FAWAZ,

an individual, 

Plaintiffs,

v. Case No.: 15-CV-11080

 Hon. Marianne O. Battani

Mag. Anthony P. Patti

CITY OF DETROIT, MICHAEL E. 

DUGGAN, Mayor of Detroit, in his 

official capacity, DETROIT POLICE 

DEPARTMENT, JAMES CRAIG, 

Detroit Police Chief, in his official 

capacity, SGT. REBECCA McKAY in 

her individual and official capacities,

KEVIN JONES, City of Detroit 

Business License Center Manager, in 

his official capacity, City of Detroit 

Business License Center, jointly and 

severally.

 

Defendants. DEMAND FOR JURY TRIAL

AYAD LAW, PLLC

NABIH H. AYAD (P59518)

Attorney for Plaintiffs

645 Griswold St., Ste. 2202

Detroit, MI 48226

Phone: (313) 983-4600

Fax: (313) 983-4665

Email: nayad@ayadlaw.com ________________________________________________________________________

There is no other pending or resolved civil action arising out of the same 

transaction or occurrence alleged in this Complaint.

PLAINTIFFS’

AMENDED

VERIFIED 

COMPLAINT 

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________________________________________________________________________

PLAINTIFFS’ AMENDED VERIFIED COMPLAINT

NOW COMES Plaintiffs, SOUTHWEST METALS, INC. and JOSEPH 

FAWAZ, by and through their attorney, AYAD LAW, P.L.L.C., and for their 

Amended Verified Complaint, state as follows:

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff, Southwest Metals, Inc. is a Michigan Corporation with its principal 

place of business in Wayne County, State of Michigan. 

2. Plaintiff Joseph Fawaz is an individual and a resident of the City of Dearborn, 

County of Wayne, State of Michigan. 

3. Defendant City of Detroit is Michigan’s largest municipality and is located in 

Wayne County, State of Michigan. 

4. Defendant Michael E. Duggan is the Mayor of the City of Detroit and is sued 

in his official capacity.

5. Defendant Detroit Police Department is the law enforcement arm of the City 

of Detroit.

6. Defendant James Craig is the Chief of Police within the Detroit Police 

Department and is sued in his official capacity.

7. Defendant Sgt. Rebecca McKay is an officer on the Detroit Police Department 

Copper Theft Task Force and is sued in her official and individual capacity. 

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8. Defendant Kevin Jones is the Manager of the City of Detroit’s Business 

License Center and is sued in his official capacity. 

9. Defendant City of Detroit Business License Center is responsible for issuing 

Scrap Iron and Metal Processor licenses. 

10.Plaintiffs are properly joined under Fed. R. Civ. P 20(a)(1) as the relief sought 

arose from the same series of transactions and there are questions of law and 

fact common to Plaintiffs. 

11.Defendants are properly joined under Fed. R. Civ. P 20(a)(2) as Plaintiffs’ 

right to relief is asserted against them jointly and severally with respect to the 

same series of transactions or occurrences and questions of law and fact are 

common to all Defendants. 

12.This Court has personal jurisdiction over Defendants as they reside in 

Michigan and conduct business in the Eastern District of Michigan. 

13.This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 and 

28 U.S.C. § 1367 as the claims are so related to the claims subject to 

jurisdiction under Section 1331 that they form part of the same case of 

controversy. 

14.Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) as the events giving rise 

to the claim occurred in the Eastern District of Michigan. 

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FACTUAL BACKGROUND

15.Plaintiffs adopt and incorporate by reference all prior paragraphs as though 

fully set forth herein. 

16. Southwest Metals is located at 8122 Fort Street in Detroit, Michigan. 

17.Southwest Metals is one of a 16 metal recycling companies within Detroit, 

but is believed to be the only one owned by an Arab-American or Muslim.

EXHIBIT A: Joseph Fawaz Affidavit.

18. Southwest Metals is one of the smallest, if not the smallest, metal recycling 

businesses in the City of Detroit and employs a handful of individuals. Id. For 

example, other metal recycling companies in Detroit can employ upwards of 

sixty individuals and conduct 40 times as much business.

19. Southwest Metals is a business owned by Mr. Fawaz’s son.

20.Mr. Fawaz has been recognized by law enforcement for his proactive 

cooperation in the prosecution of crimes involving scrap metal. In fact, Mr. 

Fawaz has assisted in numerous prosecutions of scrap metal thieves and has 

been recognized by the United States Government and companies in the 

private sector for going above and beyond his duty to assist with

investigations. EXHIBIT B: Letters of Appreciation.

21. Plaintiffs had no issues with the City of Detroit or the Detroit Police 

Department until Sgt. Rebecca McKay became part of the Copper Theft Task 

Force. In fact, prior to Sgt. McKay’s inclusion on the Copper Theft Task 

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Force, Southwest Metals had no incidents involving criminal convictions or 

even liability for violations of state law or city ordinances regarding the 

regulation of the scrap metal business.

22. Plaintiffs’ issues with Defendants and Sgt. McKay began in May of 2013 

when an individual, Mr. Richardson, sold wire allegedly stolen from DTE

Energy to Southwest Metals.

23. However, this sale took place prior to any alert within the scrap metal industry 

alert system. This alert system is used within the industry to notify metal 

recycling companies of allegedly stolen metal.

24. Since there was no marking on the wire indicating it might have been stolen

and no alert in the system regarding the wire, Southwest Metals purchased 

wire from Mr. Richardson. It was not until after the purchase had already 

transpired that an alert regarding the wire allegedly sold by Mr. Richardson 

was put into the alert system. 

25. Southwest Metals and Mr. Fawaz were cooperative in the investigation of 

Mr. Richardson. Mr. Fawaz and Southwest Metals provided paperwork to law 

enforcement regarding the transaction with Mr. Richardson.

26.Further, Mr. Fawaz even cooperated as a witness in the prosecution against 

Mr. Richardson. This was not uncommon as Mr. Fawaz regularly goes to court 

on behalf of the prosecution. After this, the case was closed and Mr. Fawaz 

assumed the matter was behind him.

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27.However, several months later and after Sgt. McKay come on board, and with

no indication or reason, Sgt. Rebecca McKay began her abuse against 

Plaintiffs and questioned Mr. Fawaz about this prior case — a case that had 

been investigated, prosecuted, and closed

28. The same week that Sgt. McKay questioned Mr. Fawaz about this closed 

case, Mr. Fawaz and the two employees at Southwest Metals that operate the 

weigh scales were arrested on the basis of facts stemming from the already 

closed case involving Mr. Richardson. Mr. Fawaz was not even on site for the 

purchase of the property from Mr. Richardson yet was still arrested. 

29. Sgt. McKay lied to prosecutors about the closed status of the above case and 

indicated that it was a new case in order to obtain a warrant and felony charge 

against Mr. Fawaz. Sgt. McKay failed to tell prosecutors that Mr. Fawaz was 

a prosecutorial witness for the case or that the case had been closed. Such was 

done in an attempt to unlawfully obtain a warrant against Mr. Fawaz. 

30.Upon advice of counsel, Mr. Fawaz pled to a misdemeanor under advisement 

instead of the charged felony. As of today, there are no convictions regarding 

Mr. Fawaz, Southwest Metals, or any of Southwest Metal’s employees.

31. In addition to the above warrant request by Sgt. McKay, Sgt. McKay has 

requested multiple other warrants for Mr. Fawaz. However, such warrants 

have been denied.

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32.The abuse of power and harassment by Sgt. McKay continued after the 

reopening of the Mr. Richardson case. On one occasion, Sgt. McKay, along 

with the Detroit police in tow, harassed Southwest Metal customers, blocked 

the weigh scales, and towed cars. Sgt. McKay was seen in a parked vehicle 

under a nearby bridge watching the police she sent to harass Southwest 

Metal’s business. 

33.Further, tickets were given to Southwest Metal’s customers in what can only 

be explained as an attempt to deter individuals from conducting business with 

Southwest Metals. In other words, this was a direct attempt to abuse power to 

disrupt Southwest Metal’s business and ultimately put Southwest Metals out 

of business.

34. Sgt. McKay has continually attempted to intimidate and bully Mr. Fawaz and 

Southwest Metals in an attempt to put Southwest Metals out of business. On 

one occasion, approximately 18 month ago, Sgt. McKay, while at Southwest 

Metals, gritted her teeth and cocked her fist as if to punch Mr. Fawaz during 

a conversation with Mr. Fawaz. Sgt. McKay’s vendetta against Mr. Fawaz 

and Southwest Metals remains personal and is not founded upon any 

wrongdoing by Mr. Fawaz or Southwest Metals as there has not been any 

wrongdoing by Mr. Fawaz or Southwest Metals.

35.In March 2014, a search was conducted of Southwest Metal’s building in 

Dearborn, Michigan pursuant to a warrant for an on-site search.

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36.Upon information and belief, this search was based upon prior scrap theft 

alerts submitted by Sgt. McKay for several hundred feet of underground cable. 

37.This wire was allegedly taken from a Detroit Substation. On March 21, 2014, 

Sgt. McKay provided a sworn affidavit and obtained a search warrant to 

search Southwest Metal’s Dearborn location. EXHIBIT C: Search Warrant.

38.The property to be searched for and seized was primarily 4/0 copper and 

underground wire as described in prior theft alerts.

39.Absent from this warrant was any indication or belief as to why there was 

probable cause that Plaintiffs bought, received, or otherwise possessed any 

stolen metal at the Dearborn location or in any trailer not on the premises.

40.As a result of this warrant, multiple bins of 4/0 copper wire as well as buss 

wire and wire from a semi-trailer were seized. However, none of this wire was 

stolen and there was not even a scintilla of evidence that it was linked to any 

crime.

41. Further, the seized semi-trailer was not even on the property at the time of 

the search. It was several miles offsite and was subsequently taken to a DTE 

parking lot.

42.The search left the property in disarray as the way in which the warrant was 

executed was anything but proper. Several bins of wire were toppled creating 

hours and hours of unnecessary clean-up work for Mr. Fawaz and Southwest 

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Metals. Tens of thousands of dollars of metal was strewn about as if it was 

nothing.

43.Approximately $13,000 worth of copper wire was seized from Southwest 

Metals. To date, the entirety of the seized wire has not been returned to 

Plaintiffs. Further, the seized wire was common wire that could be purchased 

at any home improvement store and had no indication that it was linked to any 

crime.

44.Approximately $10,000 of the wire was returned to Southwest Metals when 

it was left in what appeared to be an abandoned, decrepit building with no 

security. Mr. Fawaz was simply told that he could pick up the wire from that 

location.

45.To date, approximately $3,000 to $5,000 worth of copper wire has not been 

returned despite it not being linked to any crime. The whereabouts of this wire 

are unknown to Plaintiffs. 

46.While the above noted search was taking place in Dearborn, and in 

continuation of Sgt. McKay’s steadfast personal vendetta against Plaintiffs,

Southwest Metal’s security surveillance system recorded footage of what 

clearly seems to be Sgt. McKay planting underground “greasy or sticky” wire

at Southwest Metals in Detroit. In essence, Sgt. McKay appeared to plant 

evidence in a desperate attempt to gain evidence against Plaintiffs. 

EXHIBIT D: Sgt. McKay video.

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47.Thirty-seven seconds into the video Sgt. McKay begins to look in several 

cardboard bins containing metal. She moves casually around the entire room 

and finds nothing.

48.At the 3 minute and 4 second mark, Sgt. McKay walks to the doorway and 

looks both ways as if to see if anybody else is in the area.

49. Sgt. McKay then immediately and quickly walks to the back corner of the 

room, a location she had already been. She then squats in the corner and 

miraculously returns with a very small piece of wire.

50.A few seconds later, Sgt. McKay returns to the room and to the same area 

where she allegedly found the first piece of wire. Upon her exit, Sgt. McKay 

now has a piece of wire in each of her hands. These pieces of wire were very 

small and nothing at all like the hundreds of feet of wire that was allegedly 

stolen from DTE Energy and as noted by the scrap theft alert.

51. Sgt. McKay made the unfounded allegations that the two small pieces of wire 

was stolen wire.

52. When Sgt. McKay was allegedly planting evidence at Southwest Metal’s 

Detroit location, the previously mentioned search in Dearborn was occurring. 

Sgt. McKay was not at the Dearborn location at the execution of the search, 

but went to Dearborn after what clearly seems to be planting evidence at 

Southwest Metals in Detroit. 

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53.Sgt. McKay wrote down on a search warrant return and tabulation form that 

buss wire was seized. EXHIBIT E: Return and Tabulation Form.

However, Sgt. McKay was not present during the search and seizure in order 

to have first-hand knowledge of the presence of any buss wire. In fact, the 

seizure of buss wire was not written down anywhere else. Sgt. McKay entirely 

fabricated her statements that buss wire was seized from Southwest Metals. 

54. Due to Sgt. McKay’s unlawful and abusive conduct under color of law, 

Plaintiffs received correspondence from the City of Detroit Buildings, Safety 

Engineering and Environmental Department regarding suspension or 

revocation of Southwest Metal’s business license.

55.Defendants have attempted to place unduly harsh and restrictive burdens on 

Southwest Metals that would essentially put Southwest Metals out of 

business. Further, and even more outrageously, the City of Detroit requested 

that Mr. Fawaz not be employed at Southwest Metals despite there being no 

legitimate reason for such a request.

56. After planting evidence and lying to prosecutors to reopen a case against Mr. 

Fawaz, Sgt. McKay remained unsatisfied and continued with her course of 

misconduct. 

57. After coming on board, and with no personal knowledge or involvement with 

prior citations, Sgt. McKay re-issued previously dismissed citations that Mr.

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Fawaz had received for alleged violations on November 15, 2011. EXHIBIT

F: Citations and Dismissals.

58.All three citations were originally dismissed in August 2012. 

59.However, Mr. Fawaz received new citations in September 2012, this time 

issued by Sgt. McKay, for the exact same alleged violations from November 

15, 2011. These re-issued citations were dismissed again.

60.These three citations were reissued by Sgt. McKay despite previously being 

dismissed and despite Sgt. McKay not having personal knowledge of the 

conduct that allegedly took place on November 15, 2011. In fact, Sgt. McKay 

could not have had personal knowledge of the alleged violations because she 

was not the individual who originally issued the citations.

61. As part of Sgt. McKay’s continuous system of abuse, and upon information 

and belief, Sgt. McKay posted numerous fake scrap alerts within the alert 

system as a basis merely to go look and inspect Southwest Metals. These scrap 

alerts will included wire that is easily purchased at any local store and is 

commonly found at any scrap yard. 

62.Further, and in a ridiculous attempt to gain evidence against Plaintiffs in order 

to put them out of business, Sgt. McKay approached a former employee of 

Southwest Metals, John Reed, and essentially attempted to bribe him to 

unlawfully search Southwest Metals. 

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63.Plaintiffs expressed their concern over the conduct of Sgt. Rebecca McKay 

and reported her conduct to the Detroit Police Department Internal Affairs 

Division. Currently, there is an ongoing investigation on Sgt. Rebecca 

McKay. 

64.Additionally, Plaintiffs expressed the ongoing issue with Sgt. McKay with the 

City of Detroit and the Detroit Police Department. However, to date, no action 

has been taken and the wrongful conduct has continued to be taken against 

Plaintiffs and the conduct by the City of Detroit and Sgt. McKay has even 

escalated to possible retaliation. 

65.Recently, and after the City of Detroit, the Detroit Police Department, and Sgt. 

McKay had notice of Plaintiffs issues with Sgt. McKay, as well as being 

involved in discussions with Southwest Metals to resolve the ongoing 

licensing hearings with the City of Detroit, Sgt. McKay once again took part 

in an investigation to obtain a warrant against Mr. Fawaz and to leverage her 

and the City of Detroit’s position in order to make headlines on the backs of 

Plaintiffs by putting Southwest Metals out of business.

66.This warrant was not based on probable cause and involved forty citations. 

Both Mr. Fawaz and Gregory (“Greg”) Aslinger, the manager at Southwest 

Metals, were each issued 40 identical citations for alleged record keeping 

violations. EXHIBIT G: March 2015 Warrant Request.

67.These warrants were based upon the investigation and report of Sgt. McKay. 

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68.A warrant was issued for Mr. Fawaz despite Mr. Fawaz not being involved in 

any of the alleged violations. 

69.In fact, Mr. Fawaz is mentioned only in passing in the entire investigator’s 

report in that Sgt. McKay sent an email to Mr. Fawaz. However, there is no 

factual allegation that Mr. Fawaz had any relation to the alleged violations. In 

fact, Mr. Fawaz has hardly been at Southwest Metals over the past year due 

to Sgt. McKay’s threats and intimidating conduct.

70. In a New York Times article, Sgt. McKay has stated that half or more of her 

investigations involve Southwest Metals. 

71.As previously noted, Southwest Metals is one of the smallest metal recycling 

businesses in Detroit. The fact that half or more of Sgt. McKay’s 

investigations involve Southwest Metal’s indicates that Sgt. McKay is 

specifically targeting Southwest Metals and Mr. Fawaz especially given the 

fact that Southwest Metals has an excellent record. Had there been any 

wrongdoing by Plaintiffs, such wrongdoing would have been discovered by 

undercover investigations. However, Defendants have not obtained any such 

evidence of wrongdoing as Plaintiffs have participated in no such unlawful 

acts.

72.On at least one occasion, Sgt. McKay brought a media reporter to Southwest 

Metals without the consent of Southwest Metals. Sgt. McKay took the reporter 

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around Southwest Metals and shared information regarding ongoing 

investigations with the reporter.

73.Defendants’ conduct has greatly affected Mr. Fawaz’s ability to work at 

Southwest Metals and Southwest Metal’s ability to operate as a business. Mr. 

Fawaz tries to avoid going into work just to avoid Sgt. McKay due to the 

unfounded citations and warrants she attempts to place on Mr. Fawaz. The 

abuse of power and harassment by Sgt. McKay essentially has prevented Mr. 

Fawaz from working at Southwest Metals.

74. Defendants’ conduct has had a chilling effect on Southwest Metal’s business. 

It is difficult to find employees to work at Southwest Metals as nobody wants 

to be arrested and put in jail due to Sgt. McKay’s overzealous and unlawful 

conduct. 

75.Plaintiffs’ worst fears have been realized as Kevin Jones, the Manager of the 

City of Detroit’s Business License Center has refused to renew Southwest 

Metals’ Scrap Iron and Metal Processor License. The stated reason for this 

outrageous action is that “there are pending violations of the Michigan Scrap 

Metal Regulatory Act concerning the premises.” These pending violations 

are the 40 citations that Sgt. McKay issued against both Joe Fawaz and Greg 

Aslinger. Southwest Metals’ business operations have been terminated

because it no longer possesses a valid business license. EXHIBIT H: March 

26, 2015 Business License Letter.

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COUNT I

Violation of Substantive Due Process Under 42 U.S.C. § 1983

76. Plaintiffs adopt and incorporate by reference all prior paragraphs as though 

fully set forth herein.

77.Plaintiffs have a property interest in their business license and a liberty interest 

to be free from targeted, unlawful, and unconstitutional investigations and 

prosecutions at the hands of Sgt. McKay, the City of Detroit, and the Detroit 

Police Department.

78. Sgt. McKay’s actions targeted at Plaintiffs such as the planting of evidence

at Southwest Metals, the issuance of unfounded warrants, lying to prosecutors 

about reopening closed cases in order to obtain new warrants against 

Plaintiffs, reissuing previously dismissed citations without any personal 

knowledge of the underlying facts in an attempt to shut down Southwest 

Metals as well as the City of Detroit and the Detroit Police Department’s 

condoning and acceptance of Sgt. McKay’s unlawful actions as demonstrated 

by its failure to take any action to stop Sgt. McKay’s conduct after having 

notice of her conduct, violates Plaintiffs’ Fourteenth Amendment Due process 

rights. 

79. Further, Defendants City of Detroit and the Detroit Police Department have 

failed to adequately train, hire, or supervise its employees. 

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80.Defendants City of Detroit and Detroit Police Department were made aware 

of the alleged unlawful conduct of Sgt. McKay. Plaintiffs sent a package 

outlining the outrageous conduct of Sgt. McKay in December 2014 to the City 

of Detroit and the Detroit Police Department. This package included 

documentary and video evidence of Sgt. McKay’s abuse of power and 

unlawful conduct. However, no action has been taken to curb Sgt. McKay’s 

unlawful conduct. Her conduct remains brazen as ever and the City of Detroit 

and the Detroit Police Department continue to condone her behavior by 

permitting her to continue investigations against Plaintiffs and by permitting 

the issuance of additional, unfounded citations against Mr. Fawaz and 

Southwest Metal employees.

81. The City of Detroit and the Detroit Police Department’s inaction to this 

conduct was conscious or deliberate so as to be a custom, policy, or practice 

of the City of Detroit and the Detroit Police Department due to its failure to 

prevent Sgt. McKay’s continuing violations of the law and by permitting or 

even encouraging her to continue with her unfounded and unconstitutional 

personal vendetta against Plaintiffs.

82.Further, Defendants City of Detroit and the Detroit Police Department have 

consented and acquiesced to Sgt. McKay’s conduct by rubber stamping her 

investigations and warrant requests, such as her March 2015 investigation that 

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P : ( 3 1 3 ) 9 8 3 - 4 6 0 0 | F : ( 3 1 3 ) 9 8 3 - 4 6 6 5 

failed to include any factual allegations against Mr. Fawaz, yet resulted in 40 

citations being issued against Mr. Fawaz.

83.Defendants City of Detroit and Detroit Police Department’s failure to train or 

supervise Sgt. McKay has permitted Sgt. McKay to continue to unlawfully 

target Plaintiffs and has directly caused Plaintiffs’ injuries that are the subject 

of this lawsuit. If Defendants adequately supervised and curbed Sgt. McKay’s 

conduct, Plaintiffs would not have suffered their injuries.

84.By reason of the foregoing, Defendant, acting under color of state law, have

deprived and will continue to deprive Plaintiffs’ Due Process right secured to

them by the Fourteenth Amendment to the United States Constitution and as 

protected by 42 U.S.C. § 1983.

COUNT II:

Violation of Equal Protection Under 42 U.S.C. § 1983

85. Plaintiffs adopt and incorporate by reference all prior paragraphs as though 

fully set forth herein. 

86.The Fourteenth Amendment to the United States Constitution provides that 

“No state shall . . . deny to any person within its jurisdiction the equal 

protection of the laws.”

87.Defendants may not arbitrarily impose disparate treatment on similarly 

situated individuals. 

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P : ( 3 1 3 ) 9 8 3 - 4 6 0 0 | F : ( 3 1 3 ) 9 8 3 - 4 6 6 5 

88.Defendants have disparately treated Plaintiffs based upon the fact that 

Southwest Metal’s is an Arab-American/Muslim owned business. EXHIBIT 

A: Joseph Fawaz Affidavit.

89. Of the 16 scrap metal yards within Detroit, Southwest Metals is believed to 

be the only one that is Arab-American/Muslim owned. EXHIBIT A: Joseph 

Fawaz Affidavit.

90. Plaintiffs are the only persons targeted by Sgt. McKay as evidenced by the 

fact that Southwest Metals is one of the smallest metal yards, but is the focus 

of half or more of Sgt. McKay’s investigations. 

91. Other scrap metal yards, not owned and operated by ArabAmericans/Muslims, have not received unfounded citations by Sgt. McKay, 

have not had evidence planted, and have not had closed investigations 

reopened in an attempt to put them out of business. EXHIBIT A: Joseph 

Fawaz Affidavit.

92.By reason of the foregoing, Defendants, acting under color of law, have 

deprived and will continue to deprive Plaintiffs equal protection under the law 

secured to them by the Fourteenth Amendment of the United States 

Constitution and protected by 42 U.S.C. § 1983.

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P : ( 3 1 3 ) 9 8 3 - 4 6 0 0 | F : ( 3 1 3 ) 9 8 3 - 4 6 6 5 

COUNT III: 

Violation of Free Speech (Retaliation) Under 42 U.S.C. § 1983

93.Plaintiffs adopt and incorporate by reference all prior paragraphs as though 

fully set forth herein. 

94. Section 1983 provides that “[e]very person who, under color of any statute,

ordinance, regulation, custom, or usage, of any State or Territory or the

District of Columbia, subjects, or causes to be subjected, any citizen of the

United States or other person within the jurisdiction thereof to the deprivation

of any rights, privileges, or immunities secured by the Constitution and laws,

shall be liable to the party injured in an action at law, suit in equity, or other

proper proceeding for redress.”

95. Plaintiffs First Amendment Freedom of Speech protection is applicable 

against Defendants through its incorporation in the Fourteenth Amendment.

96. Plaintiffs made a report to Detroit Police Department Internal Affairs 

regarding the unlawful and outrageous conduct of Sgt. McKay. 

97. Defendants City of Detroit and Detroit Police Department, and upon 

information and belief Sgt. McKay, are aware of this report to Internal Affairs. 

98. The City of Detroit, Detroit Police Department, and Sgt. McKay have 

retaliated against Plaintiffs in an attempt to restrict or silence Plaintiffs’ 

speech.

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P : ( 3 1 3 ) 9 8 3 - 4 6 0 0 | F : ( 3 1 3 ) 9 8 3 - 4 6 6 5 

99. In March 2015, after Plaintiffs made a report to Internal Affairs regarding 

Sgt. McKay’s unlawful conduct and after Plaintiffs and the City of Detroit 

were in discussions regarding Southwest Metal’s business license, Sgt. 

McKay’s investigation led to the issuance of a warrant and 40 citations against 

Mr. Fawaz. The issuance of this warrant and these citations took place after 

the City of Detroit, the Detroit Police Department, and Sgt. McKay were 

aware of Plaintiffs report to Detroit Police Department Internal Affairs.

100. These citations were based on Sgt. McKay investigator’s report that 

failed to include any facts relating to Mr. Fawaz outside of Mr. Fawaz 

receiving an email from Sgt. McKay. The timing of these events creates the 

inference that Sgt. McKay’s investigation and the subsequent issuance of a 

warrant and citations were in retaliation to Plaintiffs’ report to Internal Affairs.

101. By reason of the foregoing, Defendants, acting under color of law, have 

deprived Plaintiffs of their free speech rights as secured by the Fourteenth 

Amendment of the United States Constitution, by retaliating against Plaintiffs 

for exercising their free speech rights by reporting the conduct of Sgt. McKay 

to Detroit Police Department Internal Affairs and the City of Detroit.

COUNT IV

Tortious Interference with a Business Relationship

102. Plaintiffs adopt and incorporate by reference all prior paragraphs as though 

fully set forth herein.

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103. Defendant Sgt. McKay, the Detroit Police Department, and the City of Detroit 

have tortuously interfered with Plaintiffs business relationship or expectancy.

104. Plaintiffs had a business relationship and expectancy with its multiple 

customers who come to Southwest Metals to transact business. 

105. Defendant Sgt. McKay, Detroit Police Department, and the City of Detroit

knew of such business relationships as Sgt. McKay and the Detroit Police 

Department investigate and oversee the operation of Southwest Metals through 

its municipal authority. Further, Sgt. McKay directly observed customers 

attempting to conduct business with Plaintiffs during her many visits to 

Southwest Metals.

106. On one occasion, Sgt. McKay, along with the Detroit Police in tow, harassed 

Southwest Metal customers, blocked the weigh scales, and towed cars. Sgt. 

McKay was seen in a parked vehicle under a nearby bridge watching the police 

she sent to disrupt Southwest Metal’s business. This conduct prevented 

customers from consummating business transactions with Southwest Metals.

107. Further, tickets were given to potential Southwest Metal’s customers in what 

can only be explained as an attempt to deter individuals from conducting 

business with Southwest Metals. In other words, this was a direct attempt to 

abuse power to disrupt Southwest Metal’s business and put Southwest Metals 

out of business.

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108. The above conduct had no proper purpose, but was merely conducted to 

disrupt and interfere with Plaintiffs’ business, as the conduct had nothing to do 

with the legitimate regulation of Southwest Metals and instead solely focused 

on preventing consumer transactions.

109. The above conduct has interfered with Plaintiffs’ business by preventing those 

customers from conducting transactions with Plaintiffs.

110. Plaintiffs have suffered damages as result of lost transactions. 

COUNT V

Intentional Infliction of Emotional Distress

111. Plaintiffs adopt and incorporate by reference all prior paragraphs as though 

fully set forth herein.

112. Sgt. McKay has taken extreme and outrageous action against Plaintiffs. Sgt. 

McKay has lied to prosecutors about closed cases in order to get new warrants 

against Mr. Fawaz, has seemingly planted evidence at Southwest Metals, has 

reissued previously dismissed citations, has used the threat of physical violence 

against Mr. Fawaz, and has requested warrants against Mr. Fawaz with no 

factual support. 

113. This conduct was taken intentionally against Plaintiffs. Southwest Metals is 

one of the smallest metal recycling businesses in Detroit, yet accounts for half 

or more of Sgt. McKay’s investigations. As such, it is evident that Sgt. McKay 

has an intentional and specific focus on Southwest Metals despite it having an 

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P : ( 3 1 3 ) 9 8 3 - 4 6 0 0 | F : ( 3 1 3 ) 9 8 3 - 4 6 6 5 

excellent business record. Further, the intent is evidenced by the fact that 

Southwest Metals and Mr. Fawaz are the only persons on the receiving end of 

Sgt. McKay’s unlawful conduct. No other scrap metal yard receives the targeted 

and unlawful conduct of Sgt. McKay. EXHIBIT A: Affidavit of Joseph 

Fawaz.

114. The above conduct has caused Mr. Fawaz severe emotional distress that has 

manifested itself physically.

115. As a direct result of the above conduct, Mr. Fawaz has purposely avoided 

spending significant time at Southwest Metals due to fear of being arrested on 

false charges. 

116. The conduct of Sgt. McKay has caused Mr. Fawaz severe emotional distress. 

This stress has manifested itself physically through multiple physical symptoms 

such as depression, anxiety, and lack of sleep. Further, Mr. Fawaz lives under 

the constant concern of going to jail, not being able to support his family, and 

the closure of Southwest Metals. 

COUNT VI

Violation of Procedural Due Process Under 42 U.S.C. § 1983

117. Plaintiffs adopt and incorporate by reference all prior paragraphs as though 

fully set forth herein.

118. Under the applicable Detroit City Ordinance, Plaintiff Southwest Metals has 

the expectation and right to having its license renewed upon paying the renewal 

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fee, where there are no timely objections made by the appropriate City 

departments within fourteen (14) days of the license’s expiration. Detroit, 

Mich. Code § 30-1-15(b) (1984). 

119. The renewing of existing licenses, upon payment of the renewal fee and in the 

absence of timely objections by the appropriate City departments is mandatory,

and not discretionary. Id.

120. On or around March 15, 2015, the City of Detroit sent Southwest Metals a 

notice of renewal for its Scrap Iron and Metal Processor License, BUS 2010-

00423, which was set to expire on March 31, 2015.

121. On or around March 23, 2015, Southwest Metals paid the applicable license 

renewal fee.

122. In a letter dated March 26, 2015, Southwest Metals was notified that its license 

was not being renewed despite paying the renewal fee, because the Detroit 

Police Department had reported pending violations of the Michigan Scrap Metal 

Regulatory Act to the City of Detroit Buildings, Safety Engineering and 

Environmental Department (“BSE&ED”)/Business License Center. EXHIBIT 

H: March 26, 2015 Business License Letter.

123. However, this denial is not authorized under the applicable City of Detroit 

enforcement ordinance, which requires “proof” of the enumerated reasons for 

non-renewal of an existing license. Detroit, Mich. Code § 30-1-16 (1984). 

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124. As the City has admitted in its March 26, 2015 letter, attached as Exhibit H, 

no proof has been submitted. Rather, the BSE&ED/Business License Center 

improperly denied renewing the license based on mere allegations of violations, 

not yet proven in either a court of law or administrative hearing. 

125. Southwest Metals has had its license renewed without issue for the past four 

(4) years. 

126. As Southwest Metals has the expectation and right to having its license 

renewed, having paid the applicable fee and where no proof of any wrongdoing 

has been established, it is fundamentally unfair to deny a license renewal.

127. Procedural due process requires notice and a hearing before a neutral 

adjudicator, before the license renewal is denied (emphasis added). Failing to 

provide a hearing before the license is not renewed does not adequately protect 

Plaintiffs interest in maintaining the existence of its business operations. 

128. Under the applicable Detroit City Ordinance, an administrative appeal of a 

denial of a license renewal can be held as long as sixty (60) days after the denial. 

Detroit, Mich. Code § 30-1-17(a) (1984). 

129. Such a hearing is untimely for procedural due process purposes because of the 

irreparable harm suffered by Plaintiff being put out of business. A hearing that 

can be held two (2) months after the fact is, for all intents and purposes, no 

hearing, at all as it provides no protection for the aggrieved party whose license 

renewal has been denied.

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130. Southwest Metals’ license expired on March 31, 2015 and it can no longer 

lawfully continue to conduct business on its premises. Each day that passes 

without its license being renewed harms the company and its employees, and 

makes it less likely that the company will be able to recover from the damage

that is currently accruing. 

Prayer for Relief

WHEREFORE, for all of the aforementioned reasons, Plaintiffs 

respectfully request:

1. An immediate suspension of the prosecution of the March 2015 warrants 

issued against Greg Aslinger and Joseph Fawaz:

2. An immediate suspension of the administrative business license 

proceedings against Southwest Metals;

3. The removal of Sgt. McKay from any investigation regarding Southwest 

Metals, its employees, owners, operators, or Joseph Fawaz;

4. The restoration and preservation of Southwest Metals’ business license 

during the pendency of this case, in order to maintain the status quo;

5. Costs, including attorney fees, as provided by 42 U.S.C. § 1983;

6. Punitive Damages;

7. Economic damages for the lost business at Southwest Metals due to 

Defendants’ disruption of Plaintiffs’ business;

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8. Non-economic damages for the severe emotional and physical distress 

suffered by Joseph Fawaz and for constitutional violations against 

Plaintiffs;

9. Any other relief that this Court finds just.

DEMAND FOR JURY TRIAL

NOW COMES Plaintiffs, by and through undersigned counsel, and hereby 

requests that all issues in this Amended Verified Complaint be tried by jury.

Respectfully submitted,

AYAD LAW, P.L.L.C.

/s/ Nabih H. Ayad____

Nabih H. Ayad (P59518)

645 Griswold St., Ste. 2202

Detroit, MI 48226

(313) 983-4600

nayad@ayadlaw.com

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