Saad v. City of Dearborn Heights, Case No. 11–10103.

• Decision Date: 26 June 2012
• Docket Number: Case No. 11–10103.
• Citation: 876 F.Supp.2d 925
• Parties: Joseph SAAD and Zihra Saad, Plaintiffs, v. CITY OF DEARBORN HEIGHTS, Scott Keller, individually and in his official capacity, Carrie Cates, individually and in her official capacity, Reserve Officer Nason, individually and in his official capacity, Greg Gondek, individually and in his official capacity, Jerry Skelton, individually and in his official capacity, and John Doe Officers 1–XXX, individually and in their official capacities, Defendants.
• Court: U.S. District Court — Eastern District of Michigan

876 F.Supp.2d 925

Joseph SAAD and Zihra Saad, Plaintiffs,

v.CITY OF DEARBORN HEIGHTS, Scott Keller, individually and in his official capacity, Carrie Cates, individually and in her official capacity, Reserve Officer Nason, individually and in his official capacity, Greg Gondek, individually and in his official capacity, Jerry Skelton, individually and in his official capacity, and John Doe Officers 1–XXX, individually and in their official capacities, Defendants.

Case No. 11–10103.

United States District Court,

E.D. Michigan,

Southern Division.

June 26, 2012.

Haytham Faraj, Puckett and Faraj PC, Nemer N. Hadous, Hadousco PLLC, Dearborn, MI, for Plaintiffs.

Jeffrey R. Clark, Joseph Nimako, Patrick R. Sturdy, Cummings, McClorey, Livonia, MI, for Defendants.

OPINION AND ORDER

PATRICK J. DUGGAN, District Judge.

In this action, Joseph Saad and Zihra Saad (“Plaintiffs”) allege that Dearborn Heights police officers violated their civil rights and caused them injuries during an encounter at the Saad residence. Their suit names as defendants the City of Dearborn Heights, Officer Scott Keller, Officer Carrie Cates, Reserve Officer Nason, Officer Greg Gondek, Sergeant Jerry Skelton, and several unidentified police officers (collectively, “Defendants”). Before the Court is Defendants' motion for summary judgment, filed on March 5, 2012 pursuant to Federal Rule of Civil Procedure 56. Also before the Court is Defendants' motion to strike Plaintiffs' Sur-reply, filed on April 12, 2012. These matters have been fully briefed, and the Court heard oral argument on June 11, 2012. For reasons set forth below, the Court denies the motion to strike. The Court also grants in part and denies it in part the motion for summary judgment.

I. Background

On July 10, 2010, Officer Scott Keller was dispatched to a home on Melborne street in Dearborn Heights to investigate a report of harassing phone calls. Officer Keller spoke with a Ms. Solak who explained that Plaintiff Joseph Saad had left a threatening message on her answering machine. Solak explained that Joseph Saad had a history of leaving her threatening messages, and identified the home just down the street where he lived.

Officer Keller drove over to the Saad home and knocked on the front door. Joseph Saad opened the door, and the parties dispute the events that ensued. Officer Keller claims that he asked Joseph Saad about the message on Ms. Solak's answering machine, and that Joseph admitted to leaving the message. According to Officer Keller, Joseph Saad became irate when asked for identification, shoved him backward with his hands, and told him to get off the property. Prelim. Exam. Tr. 9:15–22, Aug. 18, 2010. Officer Keller testified that Joseph Saad tried to slam the door shut, but was prevented from doing so because the deadbolt was engaged. Prelim. Exam. Tr. 10:3–8. Officer Keller claims that at this point, he placed his foot in the threshold of the door to prevent it from being shut. Joseph Saad testified that as soon as he opened the front door, Officer Keller put his foot inside the house to prevent the door from closing. J. Saad Dep. 27:1–5, Sep. 12, 2011. It is undisputed that Joseph Saad tried repeatedly to close the door, but could not do so because Officer Keller refused to move his foot. Joseph Saad called out to his mother, Zihra Saad, who was in another room, stating that the police were harassing him. Zihra Saad came to the front door, where she began arguing with Officer Keller. Officer Keller also asked to see Zihra Saad's identification.

Officer Keller called for backup, and soon Officers Cates, Nason, and Gondek arrived at the scene. At about this time, Zihra Saad convinced Joseph Saad to get their identification and hand it to Officer Keller. Officer Cates radioed for a supervisor while Officer Keller continued to explain to Zihra Saad that the police were there to investigate a harassing phone call. Joseph Saad was on the phone with his attorney, and Joseph and Zihra Saad stated that they believed that the police were retaliating against them because they had recently filed a lawsuit against the Dearborn Heights Police Department. ¹ There was considerable tension at the scene, with Joseph Saad, Zihra Saad, and Officer Keller yelling while Officer Keller held the door open with his boot. When Sergeant Skelton arrived shortly afterward, Officer Keller advised him of what had occurred. Officer Keller and Sergeant Skelton agreed that Joseph Saad should be arrested for assault of a police officer and hindering an investigation.

The parties also dispute the details of the ensuing arrests. Officers Keller, Nason, Gondek, Cates, and Sergeant Skelton all entered the home through the front door. The officers advised Joseph Saad that they were arresting him, but Joseph Saad indicated that he was not going anywhere. Officer Keller claims that Zihra Saad blocked the hallway, holding her arms out to prevent him from getting to Joseph Saad. He recalled that Officer Gondek and Sergeant Skelton went around to the kitchen through the family room. They grabbed Joseph Saad's arms and advised him that he was under arrest. Joseph Saad pulled his arms away and resisted. Officer Keller, who by now had made his way to where the other officers were standing, advised Joseph Saad that if he did not put his arms behind his back, he would be tased. Joseph Saad refused to comply, and Officer Keller yelled, “Taser Taser Taser!” Officer Keller then used his Taser on Joseph Saad, who fell to the ground with the other officers trying to handcuff him. Joseph Saad continued to resist, despite the officers' commands, and was tased again. After being tased a second time, Joseph Saad stopped resisting and the officers were able to handcuff him. Defs.' Br. Ex. 1.

According to Joseph Saad, he simply backed up a few steps in the hallway when the defendant police officers entered the home. He recalled that two officers came up behind him, and Officer Keller immediately used the Taser on him before he had a chance to comply. J. Saad Dep. 29:13–25. Joseph Saad claims that Officer Keller did not warn him that he would be tased.² J. Saad Dep. 30:9–18. Joseph Saad also testified that once he had been handcuffed, the officers who were on top of him repeatedly slammed his head into the tile floor, causing injuries to his nose and face. J. Saad Dep. 30:19–25. Joseph Saad testified that Officer Gondek punched him several times while he was on the ground. J. Saad Dep. 31:16–22. Defendants assert that any injuries Joseph Saad sustained to his nose occurred while he was being taken to the ground and handcuffed.

While Joseph Saad was being apprehended and handcuffed, Officer Cates was with Zihra Saad. Officer Cates testified that Zihra Saad became irate and began screaming at her. Cates Dep. 73:13–16, Sep. 26, 2011. Officer Cates claims that Zihra Saad grabbed her shirt collar, pushed her, and scratched at her neck in order to try and get to Joseph Saad. Cates Dep. 75:23–76:6. Officer Cates testified that at this point, she advised Zihra Saad that she was going to be arrested for interfering with the officers, and ordered her to put her hands behind her back. Cates Dep. 78:4–11. According to Officer Cates, Zihra Saad then turned away and put her arms across her chest to avoid being handcuffed. Cates Dep. 78:19–79:3. Zihra Saad disputes this account of the facts. She testified that Officer Cates handcuffed her without ever talking to her. Z. Saad Dep. 27:25–28:5, Sep. 12, 2011. Zihra Saad admits that she struggled against the handcuffs because she did not want to be handcuffed. Z. Saad Dep. 77:5–6.

At this point, both Joseph and Zihra Saad were taken outside to be transported to the police station. Zihra Saad claims that as she was being shoved toward the police car, her knees gave out and she fell to the ground. She testified that Officer Cates “dragg[ed]” her all the way over to the police car, but could not recall whether Officer Cates was holding her hands or feet. Z. Saad Dep. 78:22–79:5. Officer Cates testified that Zihra Saad dropped herself down to the ground to resist being taken to the police car. Cates Dep. 82:15–83:1. Officer Cates testified that she assisted Zihra Saad back to her feet and into the police car. Cates Dep. 83:13–84:25. Joseph Saad was placed into a different police car, and the they were both transported to the police station.

After booking at the police station, Joseph Saad complained of chest pains and was taken to Garden City Hospital for evaluation and treatment. At this time, Officer Keller was also treated for injuries to his foot and ankle. Joseph Saad was released from the hospital and returned to the Dearborn Heights Jail. Zihra Saad also complained of chest pains upon arriving at the police station. She was taken to Oakwood Hospital, where she was admitted and treated for a pre-existing heart condition.

Zihra Saad was subsequently charged with the crime of resisting and obstructing a police officer. Joseph Saad was charged with assaulting, resisting, and obstructing a police officer. At the preliminary examination, District Judge Mark J. Plawecki dismissed the charge against Zihra Saad, but bound Joseph Saad over for trial in the Wayne County Circuit Court. At trial, Circuit Judge Carole Youngblood granted Joseph Saad's motion for a directed verdict, concluding that because of inconsistencies in the police officers' testimony, a jury could not find him guilty beyond a reasonable doubt.

Joseph and Zihra Saad filed this suit in the Eastern District of Michigan, asserting a number of claims against the City of Dearborn Heights (“the City”) and the defendant police officers. These include claims for unlawful search and seizure (Counts I and II); excessive force (Counts III and IV); conspiracy to retaliate for the filing of a lawsuit against the Dearborn Heights Police Department (Count V); Monell³ claims against the City based on the defendant officers' actions ...