Brown v. City of Wyo.
| Docket Number | Case No. 1:21-cv-855 |
| Decision Date | 28 February 2023 |
| Citation | 658 F.Supp.3d 546 |
| Parties | Eric BROWN, et al., Plaintiffs, v. CITY OF WYOMING, et al., Defendants. |
| Court | U.S. District Court — Western District of Michigan |
Ayanna D. Hatchett, Madeline M. Sinkovich, Vernon R. Johnson, Johnson Law PLC, Detroit, MI, for Plaintiffs Eric Brown, Roy Thorne.
Alexandra Lee Page, Andrew James Brege, Thomas David Beindit, Rosati, Schultz, Joppich & Amtsbuechler, P.C., Lansing, MI, Carlito Harry Young, Rosati Schultz Joppich & Amtsbuechler, PC, Farmington Hills, MI, for Defendants City of Wyoming, Kimberly Koster, Logan Wieber, Devin Quintard, Arrow Kotarak, Brian Look.
Andrew James Brege, Rosati Schultz Joppich & Amtsbuechler, PC, Lansing, MI, Carlito Harry Young, Rosati Schultz Joppich & Amtsbuechler, PC, Farmington Hills, MI, for Defendants Russell Kamstra, Zachery Jackson.
Plaintiffs Eric Brown, Roy Thorne, and S.T. Thorne bring this civil rights action asserting claims under 42 U.S.C. § 1983. Plaintiffs allege that Defendants Logan Wieber, Russel Kamstra, Devin Quintard, Arrow Kotarak, Zachery Jackson and Brian Look ("the individual officers") violated their Fourth Amendment rights to be free from unreasonable search and seizure and excessive force as well as their Fourteenth Amendment rights under the Equal Protection Clause. Plaintiffs are suing the individual officers in both their individual and official capacities. Plaintiffs further allege state law violations of assault, battery, and false imprisonment against the individual officers. Plaintiffs also bring a municipal liability claim against Defendant City of Wyoming and a supervisory liability claim against Defendant Kimberly Koster, chief of police. Finally, Plaintiffs bring a state law claim of intentional infliction of emotional distress against all Defendants. Before the Court is a motion for partial dismissal on behalf of all Defendants (ECF No. 25). Also before the Court is Defendant City of Wyoming's motion for summary judgment or, in the alternative, for judgment on the pleadings (ECF No. 39) and Defendants Wieber, Kamstra, Quintard, Kotarak, Jackson, Look, and Koster's motion for summary judgment or, in the alternative, for judgment on the pleadings (ECF No. 41).
The incident in this case took place at 2417 Sharon Avenue Southwest in the City of Wyoming. (Google Maps Images, ECF No. 40-2.) At the time of the incident in the summer of 2021, this two-story home was vacant and in the process of being sold. (Brown Dep. 66, 84, 107-08, ECF No. 40-3.)
On July 24, 2021, Officers Wieber and Chapman responded to a call regarding a suspected trespassing at the Sharon Avenue home. (Wieber Dep. 8-9, ECF No. 40-5; 7/24/2021 Dispatch Call, ECF No. 40-6.) The caller was the owner of the home at the time. (Wieber Dep. 10-11.) When Wieber arrived, he saw a black Mercedes sedan parked in the driveway and the homeowner standing next to his truck which was parked on the street. (Id. at 10.) The black Mercedes had been seen coming and going from the home. (Id. at 11.) Wieber was waiting for Chapman to arrive when the suspect, an African-American male, exited the home and sat down on the porch. (Id.) Wieber ordered the suspect to stand up and walk towards him. (Id. at 13.) Wieber handcuffed the suspect and then conducted the rest of his investigation which included speaking with the suspect, the homeowner, and the listing agent of the home. (Id. at 14.) The suspect explained that he was looking at the home. (Id. at 15.) However, after contacting the listing agent, Wieber determined that the suspect entered through an unlocked door that was not supposed to be unlocked at the time. (Id.) The suspect was arrested for misdemeanor unlawful entry. (Id. at 16-17.) Chapman arrived on the scene after the suspect had already been detained. (Id. at 15.)
On August 1, 2021, another individual called dispatch to report that a "young black man" who had previously been arrested at the Sharon Avenue home is "back there again." (8/1/2021 Dispatch Call 00:17-00:32, ECF No. 40-8.) The caller stated that the suspect had parked his black sedan in the driveway, walked around the car, and then sat back inside the car. (Id. at 1:35-1:51.) Having responded to a similar incident at the Sharon Avenue home days earlier, Wieber called the individual directly to gather more information. (Wieber Dep. 25-26.) Due to the similarities to the July 24, 2021, incident, Wieber escalated the call from trespassing to breaking and entering. (Wieber Dep. 46.) This escalated status increased the number of officers responding to the call. (Look Dep. 16, ECF No. 40-9.)
Thorne, who has primary custody over his biological children, including S.T., was looking to purchase a home "in the Kentwood/Wyoming area for school purposes." (Thorne Dep. 7, 9, ECF No. 45-3.) Thorne contacted Brown, a real estate agent and friend, for help with his search. (Id. at 9.) Brown and Thorne planned to meet at the Sharon Avenue home between 12:00 p.m. and 2:00 p.m. on August 1, 2021. (Brown Dep. 66, ECF No. 45-4.) Brown arrived at the home approximately 10 to 15 minutes before Thorne and S.T. and parked his black Genesis in front of the house. (Id. at 71-72.) Brown opened the doors and turned on the lights before walking back outside and introducing himself as a realtor to a neighbor who had been outside. (Id. at 73-74.) Thorne and S.T. arrived at the house in a dark charcoal gray Chevy Malibu and then entered the home with Brown. (Thorne Dep. 30-32.)
Shortly thereafter, Officer Quintard arrived at the home. He called dispatch with the license plate numbers of Brown and Thorne's vehicles, dispatch began the plate check, and Quintard exited his vehicle once Wieber arrived moments later. (Quintard Dep. 22-23, ECF No. 45-5.) Quintard noticed movement inside the home and "could only make out that it was a white T-shirt." (Id. at 25.) He then approached the southeast corner and continued past it to the rear of the home with his firearm drawn to begin establishing a perimeter. (Id. at 26-27; Quintard Body Camera 2:08-2:34, ECF No. 40-15.) Once Officer Kotarak arrived on the scene, he positioned himself near the tree on the southeast corner. Kotarak testified that he had his gun drawn but at his side. (Kotarak Dep. 34-35, ECF No. 40-21.)
Wieber opened his car door and took cover before giving verbal instructions to the suspects in the home. (Wieber Dep. 32-33, 35.) He gave instructions to come outside with hands in the air or hands raised. (Id. at 34.) At this time, Wieber had his firearm drawn at his side but not pointed directly at the home or suspects. (Id. at 36.)
Inside the home, S.T. came upstairs to tell Thorne and Brown that the police were outside. (Thorne Dep. 35.) Thorne replied by saying "they're not here for us." (Id. at 35-36.) After S.T. said there were a lot of them, Thorne looked out the window and saw two officers with their guns drawn. (Id. at 36-38.) Thorne opened the window and yelled "Officer!" repeatedly. (Id. at 38.) Thorne testified that Kotarak pointed his gun towards the window at this time. (Thorne Dep. 38-41.) Thorne, S.T., and Brown then ducked under the window on the floor before Thorne yelled that the three of them were coming out. (Id. 38-39.)
Thorne, S.T., and Brown came out of the home one at a time with their hands in the air and were handcuffed by the officers. (Jackson Dep. 36, ECF No. 45-6; Wieber Dash Camera 3:27-6:22, ECF No. 40-11) During this time, Jackson had his firearm pointed towards the front door. (Id. at 38.) Kamstra handcuffed Brown first. Wieber then re-holstered his firearm, handcuffed Thorne, and placed him in the backseat of a patrol car. (Wieber Dep. 43; Thorne Dep. 67.) While Thorne was in the backseat, he explained that Brown was both his friend and a licensed realtor who was showing him the home. (Jackson Body Camera 4:20-4:29, ECF No. 40-17.) Finally, Jackson handcuffed S.T. and also placed him in the backseat of a patrol car. (Jackson Dep. 38-39, ECF No. 40-10; Jackson Body Camera 5:11-6:52.)
After being handcuffed by Kamstra, Brown identified himself as a realtor and offered his wallet to verify his identity which Kamstra reviewed. (Brown Dep. 105; Kamstra Body Camera 3:45-4:12, ECF No. 40-12.) Brown further offered his cellphone to verify his appointment to show the house and the application he used to access the key box and gain entry. (Brown Dep. 105; Kamstra Body Camera 4:15-5:10.) Kotarak assisted Kamstra in verifying Brown's identity. (Kotarak Body Camera 1:06-1:25, ECF No. 40-16.) Brown was subsequently unhandcuffed and released. (Brown Dep. 123; Kamstra Body Camera 5:20.) Kamstra apologized for the inconvenience, and Brown responded "you gotta do what you gotta do." (Kamstra Body Camera 5:30-5:33.) Sergeant Look arrived on the scene as Kamstra was unhandcuffing Brown. (Look Dep. 32-33.) After Brown verified his identity and was released, both Thorne and S.T. were also unhandcuffed. (Wieber Dash Camera 8:51-9:00; Jackson Body Camera 6:59-7:25.)
Dismissal on a motion under Rule 12(b)(6) is appropriate when the complaint fails to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). A claim may be dismissed for failure to state a claim if it fails " 'to give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.' " Bell Atl. Corp. v. Twombly, 550 U.S. 544, 545, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). To determine whether a pleading fails to state a claim, courts must ask whether the plaintiff has alleged "facts that, if accepted as true, are sufficient 'to raise a right to relief above the speculative level,' and . . . 'state a claim to relief that is plausible on its face.' " Hensley Mfg. v. ProPride, Inc., 579 F.3d 603, 609 (6th Cir. 2009) (quoting Bell...
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