Sanders v. Detroit Police Dept.

• Decision Date: 28 August 2009
• Docket Number: Case No. 07-14206.
• Citation: 653 F.Supp.2d 715
• Parties: Jeffrey SANDERS, Plaintiff, v. DETROIT POLICE DEPARTMENT, et al., Defendants.
• Court: U.S. District Court — Eastern District of Michigan

653 F.Supp.2d 715

Jeffrey SANDERS, Plaintiff, v. DETROIT POLICE DEPARTMENT, et al., Defendants.

Case No. 07-14206.

United States District Court, E.D. Michigan, Southern Division.

August 28, 2009.

COPYRIGHT MATERIAL OMITTED

Jeffrey Sanders, Detroit, MI, pro se.

Jane K. Mills, Detroit City Law Department, Detroit, MI, for Defendants.

MEMORANDUM OPINION AND ORDER DISMISSING ACTION

DENISE PAGE HOOD, District Judge.

I. INTRODUCTION

This matter is before the Court on Plaintiff's Notice of Motion for Judgment [Docket No. 64, filed June 15, 2009]. On August 4, 2009, Defendants filed their Response [Docket No. 69], and oral arguments were held on August 5, 2009.

At the motion hearing, Plaintiff raised concerns regarding the filing of several of his exhibits, which he believed were not properly submitted to this Court. Plaintiff believed the Court was unable to issue a proper ruling without the benefit of the aforementioned evidence. It was determined by the Court's review of docket entries, that the disputed exhibits were in fact part of the court record and had previously been reviewed by the Court. The confusion stemmed from the electronic filing system's inability to separately docket exhibits that are filed by hand and scanned into the system. The Court determined that all of the exhibits attached to Plaintiff's Complaint should be considered when making its ruling on Plaintiff's Motion for Judgment. The Court further permitted opposing counsel to file a supplemental brief [Docket No. 72, filed Aug. 12, 2009] in response to those exhibits that were not originally attached to the motion currently pending before this Court.

The Plaintiff's exhibits being considered in this order are the following: (1) Complaint; (2) Detroit Police Department Arrest Report, and Detroit Police Department Investigator's Report & Prosecuting Attorney's Recommendation (3) Personal Protection Order issued by the 3rd Judicial Circuit Court of Wayne County Michigan; (4) Plaintiff's Personal Bond Conditions; (5) Plaintiff's Order of Conviction and Sentence in People v. Sanders, No. 06005059-01, from the the 3rd Judicial Circuit Court of Wayne County Michigan before the Honorable Craig S. Strong; (6) transcript of the April 27, 2006 Preliminary Examination before the Hon. Marilyn E. Atkins of the 36th District Court for the City of Detroit; (7) Plaintiff's April 16, 2006 Warrant for a felony in People v. Sanders, No. 2006609281 in the 36th District Court; (8) Plaintiff's April 17, 2006 Inmate Personal Property Receipt from the Wayne County Jail System; (9) case inquiry for Plaintiff's medical malpractice case, Sanders v. Mahmood, No. 05-523094-NH in Wayne County Circuit Court before Judge John Murphy; (10) October 19, 2006 Letter of Incarceration from the Wayne County Jail indicating that his booking date was April 17, 2006; and (11) a letter of guardianship from the Probate Court of Wayne County in the matter of Eulisha TR Sanders, file No.2006-703666-GM before Judge Martin T. Maher.

II. STATEMENT OF FACTS

The forthcoming facts are drawn from the Plaintiff's Complaint, Plaintiff's exhibits, Plaintiff's filings, Plaintiff's statements made during previous motion hearings and Defendants' response.

Plaintiff Jeffrey Sanders initiated the instant 42 U.S.C. § 1983 suit on October 3, 2007. The underlying facts of which are the subject of some dispute. At approximately 8:30 a.m. on April 15, 2006, Defendant Detroit Police Officer Christopher Griffin and his partner were dispatched to Mr. Sander's residence, 7260 Southfield Rd. Apt. 15, Detroit, MI to respond to an assault and battery. According to the Detroit Police Department Arrest Report ("Arrest Report"), partially authored by Officer Griffin, after arriving on the scene he met Tiyani Sanders who was visibly injured and claimed that her husband had struck her with a closed fist and threatened to kill her with a knife. [April 15, 2006 Arrest Report, Compl., Ex. 1]. The Arrest Report further provides that Officer Griffin "made contact with Offender and placed him into custody and then conveyed him to the Northwestern district without incident." [Id.]. Consistent with the Arrest Report, Officer Griffin indicates that Mr. Sanders was subsequently transported to the Northwest District Precinct. However, Mr. Sanders avers that he was the subject of a warrantless arrest, and unreasonable seizure.

In the Complaint, Mr. Sanders alleges that he was not afforded a "judicial probable cause hearing" within 48 hours of his arrest, as mandated by County of Riverside v. McLaughlin, 500 U.S. 44, 111 S.Ct. 1661, 114 L.Ed.2d 49 (1991). Mr. Sanders further claims that a timely probable cause hearing was not held, and he was wrongfully detained from the April 15, 2006 date of his arrest until April 27, 2006.

Both parties agree, and the Investigator's Report and Wayne County Prosecutor's Recommendation supports, that the Detroit Police Department referred the matter to the Wayne County Prosecuting Attorney on April 16, 2006. [Investigator's Report & Prosecuting Attorney's Recommendation, Compl., Ex. 2] As a result, the Wayne County Prosecuting Attorney approved a two-count in custody felony warrant for assault with a dangerous weapon, MICH. COMP. LAWS § 750.82, and domestic violence, MICH. COMP. LAWS § 750.81, which was signed by 36th District Court Magistrate Steven Lockhart on April 16, 2006. [April 16, 2006 Felony Warrant, Pl.'s Mot. for Summ. J., Ex. B]

Again both parties agree, and the submitted evidence supports, Mr. Sanders was then transported from the precinct to the 36th District Court, [Detroit Police Department Prisoner Log, Defs.' Resp. to Pl.'s Mot. For. Summ. J., Ex. 4], where he was turned over to the custody of the Wayne County Sheriff's Department. While at the 36th District Court, Mr. Sanders admits that he was served with an Ex Parte Personal Protection Order ("Protection Order"), which among other things prohibited him from entering the home of, assaulting, stalking or threatening Tiyani Sanders. [April 17, 2006 Protection Order, Compl., Ex. 3].

Critically, the parties dispute whether or not Mr. Sanders was arraigned on April 17, 2006. Mr. Sanders contends that he was not arraigned until May 10, 2006, and never saw a judge or magistrate prior to that point. However, Defendants assert that he was arraigned on April 17, 2006. In support of their assertion, Defendants attached the Information for Arraignment on Warrant form, which indicates that Mr. Sanders was arraigned before Magistrate Renee R. McDuffee on April 17, 2006. [Arraignment on Warrant, Defs.' Resp. to Pl.'s Mot. for Summ. J., Ex. 5]. Defendants' version is further corroborated by the 36th District Court's docket sheet, which also details the April 17, 2006 Arraignment on the Warrant by Judge McDuffee. [36th District Court Docket, Defs.' Resp. to Pl.'s Mot. for Summ. J., Ex. 7]. In any event, this dispute forms the initial question of material fact, namely, whether Mr. Sanders ever received the initial arraignment.

There is no dispute that on April 27, 2006, twelve days after the assault, Mr. Sanders was transported to the 36th District Court from the Wayne County Jail for a preliminary examination before Chief Judge Marilyn E. Atkins. Attached to Mr. Sanders' initial motion for summary judgment is the preliminary examination transcript. [April 27, 2006 Preliminary Examination Transcript, Pl.'s Mot. for Summ. J. Ex. A]. At the preliminary examination hearing, the complainant—Mr. Sanders' wife, Tiyani Sanders, testified regarding the events that took place on April 15, 2006. Her testimony was that the dispute began as an argument between Mr. Sanders and his wife regarding money, which eventually escalated into a physical altercation. Mrs. Sanders testified that during the scuffle she received a laceration to her lip, and that Mr. Sanders threatened to kill her with a knife. [Id., p. 6]. At the conclusion of cross-examination, Chief Judge Atkins ruled that "the People has met their burden to show probable cause" and bound Mr. Sanders over for trial after setting the bond at $50,000.00. [Id., p. 15-16].

On May 10, 2006, Mr. Sanders submits that he was arraigned in the 3rd Judicial Circuit Court (Wayne County Circuit Court) before Judge Craig S. Strong on charges of (1) felonious assault, and (2) domestic violence arising from the April 15, 2006 incident. Mr. Sanders was subsequently remanded to the custody of the Wayne County Jail, until his trial date of October 11, 2006. Following a trial before a jury, Mr. Sanders was convicted by the jury of domestic violence under MICH. COMP. LAWS § 750.81 on October 11, 2006. The Order of Conviction and Sentence indicates that he was sentenced to one year probation, which was enhanced because he was a 2nd offender. [Order of Conviction and Sentence, Compl., Ex. 5]. The Order of Conviction further indicates that Mr. Sanders was to be given credit for 194 days served in jail, which Mr. Sanders contends is in violation of MICH. COMP. LAWS § 750.81(2).¹ However, as a second offender, the penalty could be up to one year of incarceration.

On October 3, 2007, Plaintiff filed the instant action pursuant to 42 U.S.C. § 1983 wherein he alleges that the Detroit Police Department and Officer Griffin violated his Fourth Amendment right to be free from unreasonable search and seizure. Plaintiff also alleged claims against the trial court judges in his underlying state court action, which were sua sponte dismissed by this Court on the grounds of absolute immunity. The Court also granted Plaintiff's motion to substitute the Detroit Police Department for the City of Detroit as the proper Defendant. Now before the Court is Plaintiff's second motion for judgment [Docket No. 64, filed June 15, 2009], considered by this Court as a motion for summary judgment, where he again urges the Court that he is entitled to judgment as a matter of law on the basis of all of his aforementioned exhibits,...