UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

DENESSA WESTBROOK, APRIL 

WESTBROOK, and MARTIN WESTBROOK, 

 Plaintiffs, 

v. CASE NO: 2:09-cv-11457 

 HON: NANCY G. EDMUNDS 

 MAG. STEVEN WHALEN 

JASON BRASGALLA, KEVIN SHEPARD, 

G. CHESTER #3569, FOSTER #4667, 

C. ANDERSON #3819, LARRY DAVIS, 

JOSEPH WEEKLEY, T. DOLLINGER #s1028, 

S. HOWITT #S176, E. HAYES #4993, 

in their individual and official capacities, 

 Defendants. 

_______________________________________________________________________/ 

CHRISTOPHER TRAINOR & ASSOCIATES CITY OF DETROIT LAW DEPT. 

CHRISTOPHER J. TRAINOR (P42449) JERRY L. ASHFORD (P47402) 

SHAWN C. CABOT (P64021) Attorney for Defendants 

Attorney for Plaintiff 1650 First National Building 

9750 Highland Road 660 Woodward Ave. 

White Lake, MI 48386 Detroit, MI 48226 

(248) 886-8650 (313) 237-3089 

_______________________________________________________________________/ 

FIRST AMENDED COMPLAINT 

 NOW COME Plaintiffs, by and through their attorneys, CHRISTOPHER 

TRAINOR & ASSOCIATES, and for their First Amended Complaint against the abovenamed Defendants, state as follows: 

1. Plaintiffs are citizens of and reside together in the City of Detroit, County of 

Wayne, State of Michigan, located within Eastern District of Michigan. 

2. The individually-named Defendants are and/or were police officers employed 

by Detroit Police Department and were acting under color of law, in their 

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individual and official capacities, and within the course and scope of their 

employment at all times mentioned herein. 

3. All events giving rise to this lawsuit occurred in the City of Detroit, County of 

Wayne, State of Michigan, located within the Eastern District of Michigan. 

4. Jurisdiction is vested in this Court pursuant to 28 U.S.C. § 1331 [federal 

question], 28 U.S.C. § 1343 [civil rights]. 

5. That this lawsuit arises out of Defendants’ violations of Plaintiffs’ 

constitutional rights as secured by the Fourth and Fourteenth Amendments to 

the United States Constitution, consequently, Plaintiffs have a viable claim for 

damages under 42 U.S.C. § 1983. 

6. That the amount in controversy exceeds Seventy-Five Thousand Dollars 

($75,000.00) exclusive of interest, costs, and attorney fees. 

FACTS

7. Plaintiff realleges and incorporates by reference each and every paragraph of 

this Complaint as though fully set forth herein. 

8. On or about February 8, 2007, Plaintiffs’ relative Marlon Westbrook was 

arrested between 8:30 and 9:30 a.m. while he was at Court for a Court 

appearance. 

9. On that same date, between 5:00 and 6:00 p.m., Defendants barged into 

Plaintiffs’ home and broke down the door. 

10. Defendants had a warrant to search for property and certain items related to 

the arrest of Marlon Westbrook. 

11. Defendants were aware that Marlon Westbrook was already in custody. 

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12. Defendants entered the home and did not knock or announce their presence. 

13. Immediately upon barging into the home, Defendants had their guns blazing 

and they began shooting. 

14. There were children and infant present in the home. 

15. Without any justifiable reason whatsoever, Defendants shot Plaintiffs’ two 

dogs, while a child was in the same room as the dogs. 

16. Defendants wrongfully detained Plaintiffs for nearly an hour. 

17. Defendants had their guns pointed at Plaintiffs and the child and infant. 

18. As a result of Defendants actions and/or inactions, Plaintiff sustained injuries 

and damages. 

[COUNTS I-IV, PENDING IN STATE COURT]

COUNT V--42 U.S.C. § 1983--VIOLATION OF THE FOURTH AMENDMENT

UNREASONABLE SEIZURE

19. Plaintiff realleges and incorporates by reference each and every paragraph of 

this Complaint as though fully set forth herein. 

20. The individually-named Defendants are and/or were police officers employed 

by Detroit Police Department and were acting under color of law, in their 

individual and official capacities, and within the course and scope of their 

employment at all times mentioned herein. 

21. As a result of the conduct complained of herein, Plaintiff suffered a 

deprivation of her clearly established rights protected and secured by the 

Fourth and Fourteenth Amendments to the United States Constitution and by 

other laws, including but not limited to, the right to be free from a deprivation 

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of liberty, property, bodily security, and integrity without due process of law, 

and the right to be free from unreasonable searches and seizures. 

22. That Defendants violated Plaintiffs’ clearly established and federally protected 

rights by detaining, seizing, restraining, and/or restricting the liberty of 

Plaintiffs without a reasonable suspicion and/or probable cause to do so. 

23. That Defendants’ acts were at all times intentional, objectionably 

unreasonable, unnecessary, excessive, reckless, and/or grossly negligent in 

violation of Plaintiffs’ clearly established rights under the United States 

Constitution. 

24. As a result of Defendants’ violation/deprivation of Plaintiffs’ constitutional 

rights, Plaintiffs have a viable claim for compensatory and punitive damages 

pursuant to 42 U.S.C. § 1983 together with costs, interest, and attorney fees 

pursuant to 42 U.S.C. § 1988. 

COUNT VI--42 USC § 1983--VIOLATION OF THE FOURTH AMENDMENT

VIOLATION OF KNOCK AND ANNOUNCE

25. Plaintiffs reallege and incorporate by reference each and every paragraph of 

this Complaint as though fully set forth herein. 

26. That the Fourth Amendment to the United States Constitution establishes that 

Plaintiff has the right to be free from the deprivation of life, liberty, and bodily 

security without due process of law and to be free from unreasonable 

searches. 

27. The individually-named Defendants are and/or were police officers employed 

by Detroit Police Department and were acting under color of law, in their 

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individual and official capacities, and within the course and scope of their 

employment at all times mentioned herein. 

28. At all material times, Defendants acted under color of law and unreasonably 

when they violated Plaintiff’s Fourth Amendment rights and illegally entered 

Plaintiffs’ home without knocking or announcing their presence or allowing 

any reasonable time for Plaintiffs to respond. 

29. Defendants were under the statutory obligation to knock and announce their 

presence pursuant to Mich. Comp. Laws § 780.656. 

30. Defendants acted unreasonably and failed in their duty to act lawfully when 

they illegally entered Plaintiffs’ home without knocking, announcing their 

presence and purpose, and to give Plaintiffs a reasonable amount of time to 

respond. 

31. Defendants acted under color law and are not entitled to qualified immunity 

because they violated Plaintiffs’ clearly established Fourth Amendment rights 

to be free from unreasonable searches. 

32. Defendants’ illegal acts were the direct and proximate cause of Plaintiffs’ 

deprivation of their Fourth Amendment rights. 

33. Due to Defendants’ actions, Plaintiffs’ Fourth Amendment rights were 

violated and pursuant to 42 U.S.C. § 1983, Plaintiffs respectfully request this 

Honorable Court to award exemplary, compensatory, and punitive damages 

plus costs, interest, and attorney fees as set forth in 42 U.S.C. § 1988. 

COUNT VII--42 U.S.C. § 1983—VIOLATION OF 14th AMENDMENT

PROCEDURAL DUE PROCESS

 

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34. Plaintiffs reallege and incorporate each and every paragraph of this Complaint 

as though fully set forth herein. 

35. The individually-named Defendants are and/or were police officers employed 

by Detroit Police Department and were acting under color of law, in their 

individual and official capacities, and within the course and scope of their 

employment at all times mentioned herein. 

36. The Fourteenth Amendment to the United States Constitution guarantees that 

no State shall deprive any person of life, liberty, or property, without due 

process of law. 

37. At all pertinent times, Plaintiff had a property interest in their pet dogs. 

38. Defendants’ actions of shooting Plaintiffs’ dogs deprived Plaintiffs of full 

measure of enjoyment in the property interest in such dogs. 

39. Due process is required prior to taking of property. 

40. Despite the due process that was required, Defendants barged into Plaintiffs’ 

home and unlawfully took their property by killing and shooting Plaintiffs’ 

dogs. 

41. Reasonable government employees in the position of Defendants would know 

that their actions would violate Plaintiffs’ well-established constitutional right 

to procedural due process. 

42. As a direct and proximate cause of Defendants’ unlawful actions against 

Plaintiffs as described, Plaintiffs have suffered injuries and damages, 

including, but not limited to, loss of property; loss of right of enjoyment in 

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their property; mental and emotional distress; and loss of the ordinary 

pleasures of life. 

43. As a further consequence of Defendants’ conduct, Plaintiffs have a viable 

claim for compensatory and punitive damages, together with costs, interest 

and attorney fees. 

DAMAGES AND RELIEF REQUESTED

44. Plaintiff realleges and incorporates by reference each and every paragraph of 

this Complaint as though fully set forth herein. 

45. As the direct and proximate result of the aforementioned acts by the 

Defendants in this case, Plaintiff sustained damages, including economic and 

noneconomic damages that exceed the amount of Seventy-Five Thousand 

Dollars ($75,000.00). 

46. That Plaintiff is entitled to exemplary and/or treble damages, as Defendants’ 

acts were egregious and outrageous and caused the damages of Plaintiff to be 

heightened. 

47. Plaintiff requests that this Honorable Court enter an award in favor of Plaintiff 

and against Defendants in an amount in excess of Seventy-Five Thousand 

Dollars ($75,000.00), together with costs, interest, and attorney fees. 

 Respectfully Submitted, 

 CHRISTOPHER TRAINOR & ASSOCIATES 

 s/ Christopher J. Trainor 

 CHRISTOPHER J. TRAINOR (P42449) 

 Attorney for Plaintiffs 

 9750 Highland Road 

Dated: May 13, 2009 White Lake, MI 48386 

CJT/mkb (248) 886-8650 

 Robin.woodhull@cjtrainor.com

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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

DENESSA WESTBROOK, APRIL 

WESTBROOK, and MARTIN WESTBROOK, 

 Plaintiffs, 

v. CASE NO: 2:09-cv-11457 

 HON: NANCY G. EDMUNDS 

JASON BRASGALLA, KEVIN SHEPARD, MAG. STEVEN WHALEN 

G. CHESTER #3569, FOSTER #4667, 

C. ANDERSON #3819, LARRY DAVIS, 

JOSEPH WEEKLEY, T. DOLLINGER #s1028, 

S. HOWITT #S176, E. HAYES #4993, 

in their individual and official capacities, 

 Defendants. 

_______________________________________________________________________/ 

CHRISTOPHER TRAINOR & ASSOCIATES CITY OF DETROIT LAW DEPT. 

CHRISTOPHER J. TRAINOR (P42449) JERRY L. ASHFORD (P47402) 

SHAWN C. CABOT (P64021) Attorney for Defendants 

Attorney for Plaintiff 1650 First National Building 

9750 Highland Road 660 Woodward Ave. 

White Lake, MI 48386/248.886.8650 Detroit, MI 48226/313.237.3089 

_______________________________________________________________________/ 

DEMAND FOR JURY TRIAL

 NOW COME Plaintiffs, by and through their attorneys, CHRISTOPHER 

TRAINOR & ASSOCIATES, and hereby renew and rely upon their prior Demand 

(originally filed in state court and renewed herein) for Trial by Jury in the abovecaptioned matter. 

 Respectfully Submitted, 

 CHRISTOPHER TRAINOR & ASSOCIATES 

 s/ Christopher J. Trainor 

 CHRISTOPHER J. TRAINOR (P42449) 

 Attorney for Plaintiffs 

 9750 Highland Road 

Dated: May 13, 2009 White Lake, MI 48386 

CJT/mkb (248) 886-8650 

 Robin.woodhull@cjtrainor.com

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CERTIFICATE OF SERVICE

I hereby certify that on May 13, 2009, 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: Jerry L. Ashford, Esq. and I hereby certify that I have mailed by United States 

Postal Service the paper to the following non-ECF participants: None. 

s/ Christopher J. Trainor (P42449) 

Christopher Trainor & Associates 

9750 Highland Road 

White Lake, MI 48386 

(248) 886-8650 

robin.woodhull@cjtrainor.com

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