Khan v. Garanzini

• Decision Date: 28 May 1969
• Docket Number: No. 18750.,18750.
• Parties: Anwar KHAN, Plaintiff-Appellant, v. Patrolmen Alex J. GARANZINI and Robert N. Paille, and the City of Detroit, Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

411 F.2d 210 (1969)

Anwar KHAN, Plaintiff-Appellant, v. Patrolmen Alex J. GARANZINI and Robert N. Paille, and the City of Detroit, Defendants-Appellees.

No. 18750.

United States Court of Appeals Sixth Circuit.

May 28, 1969.

Anwar Khan, in pro. per.

Robert Reese, Corp. Counsel, William P. Doran, John E. Cross, Assts. Corp. Counsel, Detroit, Mich., for appellees.

Before O'SULLIVAN, CELEBREZZE and PECK, Circuit Judges.

PER CURIAM.

Anwar Khan appeals from dismissal of a civil rights action, 42 U.S.C. § 1983, commenced against the City of Detroit and two of its police officers, appellees Alex J. Garanzini and Robert N. Paille. Appellant's complaint in the District Court contained the following:

"8. On or about August 28, 1966, at about 3:30 A.M., the plaintiff was brought to the `emergency-operation room\' of the Harper Hospital by his sister (Miss Maryren Khan); then and there nearly bleeding to death from multi-ordinal stab wounds. Actually the doctors there was fighting frantically to attempt to save the plaintiff\'s life in the process thereof.

"Then and there, the individual defendants, and each of them, did enter into the Harper Hospital, shoving, pushing and ordering said doctors and the plaintiff\'s sister out of their way; and did the following acts, among others:

"(A) Defendants Garanzini & Paitte, entered the `emergency-operation-room\' — where the said plaintiff was being treated for said multi-ordinal stab wounds. The aforesaid defendants then and there shined their flashlights upon the face of the plaintiff while shouting threatening remarks at the plaintiff\'s sister (Miss Maryren Khan); and including the said attending doctors involved therein. Not getting the attention they desired, the said defendants and each of them immediately pulled their service revolvers out into sight, and pointed them at all of the persons who were in the said room.

"One of the two defendants commanded the plaintiff to rise from his operation table bed; and walk to the center of the room stark naked this being the result of this command the aforesaid plaintiff was forced to get out of his bed and walk to the center of the room stark naked and completely without clothing or other means to hide his nakedness.

"At this point the plaintiff\'s sister (Maryren Khan) made a vain attempt to come to the plaintiff\'s aid — she was threatened not to come near him, and also not to leave the said room to even call for any help — family or otherwise; of which she stated was her intentions. During the course of the aforesaid incident, the defendant Patrolman Garanzini, in the presence of Miss Maryren Khan, et als., cursed the plaintiff and threatened to shoot him if he did not obey the commands of the two defendants with alacrity.

"(B) While the events stated in paragraph (A) above, the defendants ordered the doctors to produce the plaintiff\'s clothes. These clothes were searched separately, meanwhile, the defendants ordered the plaintiff to dress himself. Subsequent to the events related in paragraph (A) the two defendants produced a pair of manacles or handcuffs, and with them chained the hands of the plaintiff together. At this point the plaintiff had gained somewhat of a dazed consciousness as to what was taking place — and, then and there demanded the defendants to show him what lawful reason he was being treated in such an unlawful manner; in answer to the aforesaid question the defendants and each of them said, `You are under arrest for murder\'. Then the plaintiff and his sister both demanded to see the warrant for arrest — the answer to this question was, `We do not need a warrant\' to arrest anybody; and furthermore we are going to take him in `for questioning.\' Thereupon the individual defendants, and each of them, escorted the plaintiff from the aforesaid Harper Hospital to an automobile, which was parked in back of said hospital.

"(9) None of the individual defendants, at any of the times mentioned herein, and, more particularly, at the time and place of the events alleged in paragraph 8 above, had in his possession any warrant issued by any judge, court, or magistrate authorizing:"

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