Lemon v. City of Detroit

Decision Date01 February 2021
Docket NumberCase No. 19-cv-11343
PartiesALESHAHE LEMON, Plaintiff, v. THE CITY OF DETROIT, et al., Defendants.
CourtU.S. District Court — Eastern District of Michigan

Hon. Matthew F. Leitman

ORDER GRANTING DEFENDANTS' AMENDED MOTION FOR SUMMARY JUDGMENT (ECF No. 25)

In 2018, Sharon Briggs accused Plaintiff Aleshahe Lemon of sexually assaulting her at his residence in the City of Detroit. On the morning after the alleged assault, Briggs gave police at least two statements detailing her allegations. City of Detroit police officer Martha Grace Willhelm later summarized Briggs' statements in a written Request for Warrant and Investigator's Report (the "Investigator's Report"). Willhelm then sought a warrant for Lemon's arrest by transmitting the Investigator's Report to a magistrate on the 36th District Court for the State of Michigan. Based upon Willhelm's summary of Briggs' statement in the Investigator's Report, the magistrate found probable cause to believe that Lemon had sexually assaulted Briggs, and she issued a warrant for Lemon's arrest. At Lemon's subsequent preliminary examination, Briggs testified against Lemon and was subject to vigorous cross-examination. Based upon Briggs' testimony, the state district judge presiding over the preliminary examination found probable cause to believe that Lemon committed the sexual assault, and that judge bound Lemon over for trial. At Lemon's trial, a jury acquitted Lemon of all charges.

Lemon then brought this action against Willhelm, another officer, and the City of Detroit. Now remaining in the action are (1) Lemon's claims against Willhelm for false arrest, false imprisonment, and malicious prosecution in violation of both the Fourth Amendment and Michigan law and (2) Lemon's municipal liability claim against the City of Detroit. (See Am. Compl., ECF No. 19, PageID.303-312.)

Defendants have moved for summary judgment. (See Am. Mot. for Summ. J., ECF No. 25.1) They are entitled to that relief. One of the essential elements of Lemon's claims is that there was a lack of probable cause for his arrest and subsequent prosecution. But the two judicial determinations of probable cause described above preclude Lemon from establishing a lack of probable cause as a matter of law. Lemon therefore cannot succeed on his claims.

Lemon counters that the probable cause determinations do not bar his claims because Willhelm intentionally and/or recklessly omitted key exculpatory evidence from the Investigator's Report. While Lemon has raised some fair criticisms of the Investigator's Report - Willhelm's description of the evidence and offense surely could have been more thorough - Lemon has failed to show either that Willhelm omitted evidence with a culpable state of mind or that the omitted evidence was material to the finding of probable cause. Thus, the omissions by Willhelm did not taint the judicial determinations of probable cause that are fatal to Lemon's claims.

Lemon also appears to argue that the judicial determinations of probable cause do not bar his claims because (1) they rested upon Willhelm's investigation and (2) the investigation was "completely flawed" and fell "short of the best practices articulated in the Michigan Model Policy for law enforcement response to sexual assault." (Am. Compl., ECF No. 19, PageID.298.) Here again, there is merit to some of Lemon's criticisms of Willhelm. Her investigation was no model for future sexual assault cases. But Willhelm's failure to follow "best practices" does not negate the legal force of the probable cause findings that rested upon her investigation.

For these reasons, and those explained in more detail below, the Court GRANTS Defendants' motion for summary judgment.

I
A

During the summer of 2018, Briggs' sister Nicole was staying with Lemon at his residence on Minock Street in the City of Detroit. (See Prelim. Exam. Tr., ECF No. 25-1, PageID.495.) On the evening of July 11, 2018, around 9:00 p.m., Briggs went to Lemon's residence to see and/or pick up Nicole. (See Report of Detroit Police Officer James Kimbrough, ECF No. 33-13, PageID.950.) Nicole was not at the residence when Briggs arrived, but Lemon was there. (See Prelim. Exam. Tr., ECF No. 25-1, PageID.497.) Briggs waited several hours with Lemon for Nicole to return. (See id., PageID.496, 515.) During that time, Briggs and Lemon each consumed several alcoholic drinks. (See id., PageID.496-497, 515.)

When Nicole returned to Lemon's residence, Briggs asked Nicole to accompany her to a bar. (See id., PageID.518.) Nicole agreed. (See id.) The women then traveled to the bar, and Briggs consumed several additional alcoholic beverages at the bar. (See id.). The women eventually returned to Lemon's residence. (See id., PageID.519.)

Upon returning to Lemon's home, Briggs laid down on a mattress in the living room and fell asleep. (See id., PageID.500.) Lemon later ended up on the mattress with Briggs. (See id., PageID.500-503.) According to Briggs, Lemon sexually assaulted her by, among other things, penetrating her vagina with his penis andwithout her consent. (See id., PageID.500-503.) According to Lemon, any sexual activity between he and Briggs was consensual. (See Briggs-Lemon Text Message Exchange, ECF No. 25-3, PageID.588, 592; Lemon Statement, ECF No. 25-12, PageID.685-686.)

B

After the alleged assault, Briggs and Nicole left Lemon's residence and went to eat breakfast at a restaurant in the City of Berkley. (See Prelim Exam. Tr.., ECF No. 25-1, PageID.508.) When they finished eating, Briggs exchanged a number of texts messages with Lemon. (See Briggs-Lemon Text Message Exchange, ECF 25-3.) In those messages, Briggs accused Lemon of "rape." (Id., PageID.587.) She wrote that she "was sleeping and woke up to you inside of me." (Id.) Lemon responded that the sexual activity was consensual: "U wasn't sleep u wanted this...u never said no u wanted me to fuk u... Did u say stop fucking u? Cause u know u liked it and if I raped u then why you just admit I came back when I was caught so that mean u was n yo [sic] right mind to notice what happened and u didn't disagree yup, my lawyer will see all this set up kitty booboo he'll just analyze your texts." (Id., PageID.588, 592.2) During this text exchange, Briggs also said that "I will not report you if you leave [Nicole] alone." (Id., PageID.587.)

Following the exchange of text messages, Briggs placed three calls to 911 as she drove home. (See Prelim. Exam. Tr., ECF No. 25-1, PageID.509; see also Recorded 911 Calls, ECF No. 34, filed in the traditional manner.) During the third call, Briggs pulled her car to the side of road, and she was met there by police officers. (See Prelim. Exam. Tr., ECF No. 25-1, PageID.509.)

C

After the police located and spoke with Briggs, she was taken to William Beaumont Hospital in Royal Oak. (See id., PageID.510.) Detroit Police Officer James Kimbrough then traveled to the hospital and interviewed Briggs. (See Kimbrough Report, ECF No. 33-13, PageID.950.) Kimbrough documented his interview with Briggs as follows:

ARRIVED AT THE BEAUMONT HOSPITAL TO TALK WITH VICTIM (SHARON BRIGGS WF-[]) THAT TOLD SCOUT 1102A THAT SHE WAS SEXUAL ASSAULTED BY THE OFFENDER (LUCKY; UNKNOWN LAST NAME BM-39). VICTIM TOLD SCOUT 1102A THAT SHE WAS AT THE LOCATION OF 8311 MINOCK ST WHEN SHE WAS VISITING HER SISTER/WITNESS 1 (NICOLE BRIGGS WF-12-13-97). VICTIM TOLD SCOUT 1102A THAT SHE HAD BEEN WATCHING TELEVISION AND DRINKING WITH THE OFFENDER AND WITNESS 1 AROUND 9PM. VICTIM 1 TOLD SCOUT 1102A THAT SHE DID NOT WANT TO DRIVE HOME
BECAUSE SHE DID NOT FEEL COMFORTABLE DRIVING AFTER SHE WAS DRINKING. THE OFFENDER OFFERED THE VICTIM TO SLEEP ON THE MATTRESS IN THE FRONT LIVING ROOM OF THE LOCATION.
THE VICTIM DECIDED TO LAY DOWN AND SLEEP AT 4AM, UNTIL SHE WAS AWAKEN BY THE OFFENDER ON TOP OF HER AS SHE WAS LAYING FACED DOWN. THE VICTIM TOLD SCOUT 1102A THAT THE OFFENDER USED HIS FINGERS TO PENETRATE HER VAGINA, AND ALSO LICKING HER VAGINA BEFORE PENETRATING-HER WITH HIS PENIS; AS SHE LAID FACED DOWN ON THE MATTRESS. VICTIM TOLD SCOUT 1102A THAT THE OFFENDER ATTEMPTED TO PENETRATE HER ANAL BUT WAS UNSUCCESSFUL. AFTER BEING SEXUALLY ASSAULTED IN WHICH THE VICTIM ESTIMATED TO BE 45 MINUTES BY THE OFFENDER, THE OFFENDER LEFT THE LIVING AND RETURNED 10 MINX LATER AND LAID NEXT TO HER AND BEGAN RUBBING HIS HANDS ON HER BACK. WHILE THE OFFENDER WAS RUBBING THE VICTIM'S BACK WHILE SHE WAS LAYING ON THE MATTRESS, WITNESS 1, WITNESSED THE OFFENDER RUBBING THE VICTIM'S BACK AND ASKED THE OFFENDER, "ARE YOU HAVING FUN RUBBING HER BACK?" THE OFFENDER THEN RESPONDED, "OH, I JUST LEFT OUT JUST TO SMOKE A JOINT." VlCTIM 1 TOLD SCOUT 1102A THAT BOTH THE OFFENDER AND WITNESS l WENT BACK INTO THE BACK BEDROOM UNTIL THE OFFENDER LEFT THE LOCATION AT AN UNKNOWN TIME.
VICTIM AND WITNESS 1 LEFT THE LOCATION AND WENT TO A CONEY ISLAND ON GREENFIELD AND 12 MILE RD, WHERE SHE TOLD WITNESS 1 THAT THE OFFENDER SEXUALLY ASSAULTED HER AT THE 8311 MINOCK LOCATION THIS MORNING AT 4AM, WHEN SHE WAS TRYING TO SLEEP ON THE MATTRESS. VICTIM TO SCOUT 1102A THAT SHE TEXTED THE OFFENDER ON HIS CELLPHONE AND ASKED HIM, "WHY DID YOU RAPE ME?" VICTIM STATED THAT THE OFFENDER RESPONDED BY SAYING, "I DID NOT RAPE YOU, YOU WANTED IT." AFTER THE VICTIM RESPONDED BY SAYING, "I DID NOT WANT IT, I WAS UNCONSCIOUS." THE OFFENDER DID NOT RESPOND.
THE VICTIM STATED THAT SHE LATER CALLED 911 FROM AREA OF l-696 AND WOODWARD, WHERE SHE WAS MET BY MICHIGAN STATE POLICE, AND TRANSPORTED TO BEAUMONT HOSPITAL WERE SHE WAS BEING TREATED. SCOUT 1102 NOTIFIED CONTROL CENTER.

(Id., PageID.950; grammatical errors in original.)

In addition, Briggs signed a handwritten account of the alleged assault. (See Briggs Statement, ECF No.33-17, PageID.1037-1042.) In this statement, Briggs recounted that when she returned from drinking with her sister, she fell asleep in Lemon's living room and woke to find Lemon sexually assaulting her. (See id.) She reported that Lemon penetrated her...

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