Taylor v. City of Detroit

• Decision Date: 19 April 2005
• Docket Number: No. 03-73595.,03-73595.
• Citation: 368 F.Supp.2d 676
• Parties: Nathaneal TAYLOR, Plaintiff, v. CITY OF DETROIT, et al., Defendants.
• Court: U.S. District Court — Eastern District of Michigan

368 F.Supp.2d 676

Nathaneal TAYLOR, Plaintiff, v. CITY OF DETROIT, et al., Defendants.

No. 03-73595.

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

April 19, 2005.

COPYRIGHT MATERIAL OMITTED

Christopher J. Trainor, McCall & Trainor, Waterford, MI, for Plaintiff.

Paula L. Cole, Detroit City Law Department, Detroit, MI, Margaret A. Nelson, Michigan Department of Attorney General Public Employment, Elections and Tort, Lansing, MI, for Defendants.

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

BORMAN, District Judge.

BACKGROUND:

Nathaneal Taylor ("Plaintiff") brings this suit against Detroit Police Officers Barbara Simon, Ernest Wilson, Terrill Shaw, Ramon Scola, Dwight Pearson and the City of Detroit (collectively "Defendants"). Plaintiff's counsel at oral argument indicated that the other named Defendants in this suit are no longer parties to this action. Plaintiff's complaint alleges fourteen counts of liability as follows:

COUNT I — violation of the Fourth Amendment to the United States Constitution pursuant to 42 U.S.C. § 1983/Warrantless Search and Seizure Without Probable Cause;

COUNT II — Violation of the Fourth Amendment to the United States Constitution pursuant to 42 U.S.C. § 1983/Failure to Release from Custody and Failure to Provide Timely Probable Cause;

COUNT III — Violation of the Fourth Amendment to the United States Constitution pursuant to 42 U.S.C. § 1983/Malicious Prosecution/Retaliation;

COUNT IV — City of Detroit's Constitutional Fourth Amendment Violation pursuant to 42 U.S.C. § 1983/Excessive Force;

COUNT V — Violations of the United States Constitution Fourteenth Amendment, Due Process, 42 U.S.C. § 1983/Excessive Force;

COUNT VI — Violation of the United States Constitution Fourth and Fourteenth Amendments 42 U.S.C. § 1983 and § 1985/Conspiracy;

COUNT VII — Violation of the United States Constitution Fourteenth Amendment Due Process 42 U.S.C. § 1983//Right to a Fair Trial and Fabrication of Evidence;

COUNT VIII — Violation of the United States Constitution Fourteenth Amendment, Due Process, 42 U.S.C. § 1983/Malicious Prosecution/Retaliation;

COUNT IX — Assault and Battery;

COUNT X — Gross Negligence;

COUNT XI — City of Detroit's Constitutional Violations;

COUNT XII — False Arrest and Imprisonment;

COUNT XIII — Malicious Prosecution;

COUNT XIV — Judge Shopping.

The undisputed facts are that Ahmad Joyce ("Decedent") was murdered on March 28, 2000. He was shot execution style in the back of the head. There were no witnesses to the murder. Plaintiff was handcuffed and placed into police custody at his home on March 29, 2000. (Plaintiff's Ex. J, Scola's Dep. pgs. 18-20). Defendants claimed that Plaintiff was only a witness to Decedent's murder. (Plaintiff's Ex. M, Pearson's Dep. pg. 35). Plaintiff was taken to the police station and placed in a jail cell. While in custody, Defendants found an outstanding traffic violation by Plaintiff. Plaintiff was held in jail and not allowed to post $186 bond for a traffic violation. Plaintiff's father, William Robinson, testified that on March 29, 2000 he went to the police station to bond his son out, and was told Plaintiff had no bond. (Plaintiffs Ex. R pg. 10). Plaintiff's arrest card indicated that Plaintiff owed $186 in traffic warrants. (Plaintiff's Ex. FF). Four days day later, Robinson was informed that Plaintiff was charged with murder.

Plaintiff testified that on March 28, 2000, the day of Decedent's murder, he and his friend Lowis Lee purchased a $5.00 bag of marijuana from Decedent. (Plaintiff's Response, Exh. A, pgs. 24 and 38). Plaintiff and Lee were upset at the amount of marijuana contained in the bag, and according to Plaintiff, Decedent began yelling at them. (Id. at 42). Plaintiff testified that he simply walked away and that this was the last time he had any contact with Decedent. (Id.).

Defendant Ernest Wilson ("Defendant Wilson"), the officer in charge of the case, placed Ameer Ross in a cell near Plaintiff. Plaintiff alleges that Ameer Ross was a known liar and "jailhouse snitch" who had been convicted of several crimes of dishonesty. (Plaintiff's Response at 2; Plaintiff's Ex. DD). Plaintiff further alleges that Defendant Wilson coerced Ross into writing a false statement saying that Plaintiff confessed to the murder although he knew the statement was a lie. (Id.). Plaintiff alleges that in Defendant Wilson's request for a warrant, he made material misrepresentations and omissions. Plaintiff contends that Defendant Wilson deliberately failed to inform the magistrate judge that Ross had an extensive criminal history involving crimes of dishonesty. (Id.).

According to Plaintiff's testimony, during his interrogation, Defendant Wilson placed his gun on the table, and threatened Plaintiff who was handcuffed to the table telling him that he better tell him how he shot Ahmad Joyce. (Plaintiff's Ex. A, pgs. 78-79). Plaintiff testified further that Defendant Wilson said he was going to F* * * Plaintiff up, and then stood up and struck Plaintiff. (Id. at 82).

Ameer Ross testified that Defendant Wilson intentionally moved him near Plaintiff's cell to get information out of Plaintiff. (Plaintiff's Response, Exh. C, pgs. 5, 23-24). Ross testified that the statement he gave to the police which stated that Plaintiff admitted to the murder was false and that Defendant Wilson wrote the false statement and had Ross put it in his own writing and sign it. (Id. at 13-15). Ross testified that Plaintiff never told him that he killed Decedent. (Id. at 14-15).

Plaintiff alleges that due to his false arrest, he spent in excess of fifteen months in prison for a crime he never committed. Plaintiff was acquitted by a jury of the criminal charges on July 2, 2001.

Defendant Wilson submitted an arrest warrant for Plaintiff which provided as follows:

WITNESSES

# 1. A REPRESENTATIVE FROM THE WAYNE COUNTY MORGUE WILL TESTIFY TO PERFORMING AN AUTOPSY ON THE COMPLAINANT AHMAD JOUCE, (sic) LISTED ON MORGUE FILE # 00-3211, AND DETERMINED TO BE FROM A SINGLE GUNSHOT WOUND TO THE HEAD.

# 2. JERALAWN JOYCE, WILL TESTIFY TO RESPONDING TO THE SCENE AND IDENTIFIED THE COMPLAINANT AS AHMAD JOYCE HER BROTHER.

# 3. WILLIE MADDOX, WILL TESTIFY THAT ON THE DATE OF 03-28-2000, HE OBSERVED THE COMPLAINANT IN A(sic) ARGUMENT WITH TWO BLACK MALES IN FRONT OF 13280 ROCHELLE. MR. MADDOX MADE CONTACT WITH THE COMPLAINANT AND THE COMPLAINANT RESPONDED THAT HE WAS O.K. BECAUSE ONE GUY IS RETATDED (sic) AND THE OTHER ONE IS SHACKING (sic). MR. MADDOX LEFT THE LOCATION AT THIS TIME AND LATER RETURNED TO HIS HOME, WHILE WATCHING T.V. HEARD A GUNSHOT LOOKED OUTSIDE AND NOTICED NOTHING.

# 4. LOWIS LEE, WILL TESTIFY TO ON THE DATE OF 03-28-2000, HE ASKED THE DEFENDANT NATHANEAL TAYLOR TO PURCHAS (sic) A BAG OF WEED FOR HIM, THE DEFENDANT WENT AND PURCHASED THE BAG OF WEED FROM THE ADDRESS OF 13280 ROCHELLE. WHEN THE DEFENDANT RETURNED MR, (sic) LEE A SECOND BAG AND TOLD HIM THE DEFENDANT MUST HAVE TAKEN SOME WEED OUT OF THE BAG. THE COMPLAINANT REQUESTED THAT HE BRING HIS BOY BACK TO TALK ABOUT THE FIRST BAG. MR, (sic) AND DEFENDANT WENT BACK TO THE ADDRESS OF 13280 ROCHELLE AND A(sic) ARGUMENT INSUED (sic) TO THE POINT THE DEFENDANT FELT HE WAS PUNKED OUT AND LEFT SAYING I WILL TAKE CARE OF THIS.

# 5. AMEER ROSS, WILL TESTIFY TO BEING IN THE CELL BLOCK OF THE DETROIT POLICE DEPARTMENT IN A CELL NEXT TO THE DEFENDANT, AND TO HAVING A CONVERSATION WITH THE DEFENDANT. WILL FURTHER TESTIFY THAT DEFENDANT ADMITTED TO KILLING A BLACK MALE AFTER HAVING A PROBLEM CONCERNING A BAG OF WEED, AND ALSO HE DID IT BECAUSE HE WAS NOT GOING TO BE PUNKED OUT. THE DEFENDANT ALSO REQUESTED MR, (sic) ROSS TO CALL HIS GIRLFRIEND TELL HER TO GET RID OF THE GUN BECAUSE THE POLICE WERE GOING TO SEARCH HIS HOUSE.

# 6. HILLARD HAMPTON, WILL TESTIFY TO BEING IN THE CELL BLOCK OF THE DETROIT POLICE DEPARTMENT ON THE 9TH FLOOR AND OVER HEARING THE DEFENDANT TALKING ABOUT A SHOOTING OF (sic) THE SAME BLOCK HE LIVED ON.

# 7. REGINALD GAYLES, WILL TESTIFY TO BEING IN THE CELL BLOCK ON THE 9TH FLOOR OF THE

DETROIT POLICE DEPARTMENT AND HEARING THE DEFENDANT TALKING ABOUT A MURDER AND ASK ANOTHER PERSON IN THE CELL BLOCK TO CALL HIS GIRLFRIEND AND TELL HER TO HIDE THE GUN.

# 8. POLICE OFFICER J, (sic) WALKER WILL TESTIFY TO MAKING THE POLICE RUN PERFORMING POLICE DUTIES AND SECURING THE SCENE AND SUBMITTING THE PROPER PAPER WORK WILL TESTIFY ALSO TO THE ARREST OF THE DEFENDANT.

# 9. POLICE OFFICER R, (sic) SCOLA, WILL TESTIFY TO THE SAME AS WITNESS # 8.

# 10. POLICE OFFICER M, (sic) GROSS OF THE EVIDENCE TECH UNIT WILL TESTIFY AS TO HIS REPORTS AND THE DOCUMENTATION AND THE COLLECTION OF EVIDENCE OF THE CRIME SCENE.

# 11. INV. GREG EDWARDS WILL TESTIFY TO TAKEN STATEMENTS IN CONDUCTING FORMATS OF THE INVESTIGATION.

# 12. SGT. ERNEST WILSON WILL TESTIFY AS TO BEING THE OFFICE (sic) IN CHARGE OF THE CASE, AND TAKEN A STATEMENT FROM THE DEFENDANT. (Plaintiff's Ex. W).

There were two preliminary examinations held in this case. The first, on April 19, 2000, Lowis Lee, Milton Maddox, Jr. Ameer Ross and Defendant Wilson testified. Plaintiff was bound over. The first trial was dismissed without prejudice. A second preliminary examination was held on December 18, 2000, and Plaintiff was bound over again.

Ameer Ross testified at the second preliminary examination on December 18, 2000 as follows:

Q. What did he tell you about what happened sir?

A. Well, he said that he went to the store. A guy down the street asked him to go to the store for him to get a 22 ounce beer, some weed, some black and mild cigars and the guy was supposed to buy some weed.

Q. Okay. And then what happened? What did he tell you then?

A. He said he went to the store. He came back to the guy, came back to the gentleman's house that sent him to the store. He went back to the guy's house and the guy starting arguing with him. He punked him out. He say he didn't...