Watkins v. City of Highland Park
| Decision Date | 19 November 2002 |
| Docket Number | No. 00-74859.,00-74859. |
| Citation | 232 F.Supp.2d 744 |
| Parties | Robert James WATKINS, Plaintiff, v. CITY OF HIGHLAND PARK, Police Chief Ronald Parham, Sr., Deputy Police Chief Theodore Cadwell, II, Lt. Love, Sgt. Robert Howard, Sgt. Rose Logan, Sgt. Glenn Quaker, CPL. John Bennett, CPL. Abron Carter, CPL. Douglas Potts, CPL. Brenda Stevenson, Officer Jamey Abney, Officer David Bragg, Officer Veronica Corbin, Officer Robert Fruit, Officer Derek Harris, Officer Eric Hollowell, Officer Stuart Jackson, Officer Craig Natt, Officer Colon Trombetta, and Officer Nichalos Viviano, Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
Paul Broschay, Esq., Feiger, Fieger, Southfield, MI, for Plaintiff.
Phillip L. Sternberg, Esq., Couzens, Lansky, Farmington Hills, MI, for Defendant.
Plaintiff Robert James Watkins commenced this suit in this Court on November 3, 2000, asserting federal constitutional claims under 42 U.S.C. § 1983 and state-law claims of false arrest and false imprisonment arising from his arrest in the early morning hours of May 7, 2000 as part of a police raid of a "techno" music and dance party at a hall leased by Plaintiff's corporation, Late Night Entertainment, Inc. In support of these claims, Plaintiff alleges that Defendants lacked probable cause to arrest him, and that, in any event, Defendants acted unreasonably in carrying out this arrest by placing him in handcuffs and leading him past television cameras as they escorted him to a squad car.
By motion filed April 30, 2002, Defendants now seek summary judgment in their favor on all of Plaintiff's claims. In support of this motion, Defendants contend that probable cause existed to arrest Plaintiff, in light of the observations of some of the Defendant police officers (i) that underage children were violating a municipal curfew and that controlled substances were being sold and used at the techno party, and (ii) that Plaintiff was on the premises and appeared to possess a degree of control over the use of the hall by the partygoers. Defendants further assert that Plaintiff has failed to identify any conduct tantamount to gross negligence, such that Defendants would forfeit their governmental immunity from liability under Plaintiff's state-law tort theories. Plaintiff filed a response to this motion on May 29, 2002, arguing that his mere presence in the building on the night in question did not give Defendants probable cause to arrest him, particularly for the misdemeanor offenses now cited by Defendants as justification for the arrest, and that issues of fact remain as to the reasonableness of the manner of Plaintiff's arrest. Defendants submitted a reply brief in further support of their motion on June 11, 2002.
On November 7, 2002, this Court held a hearing on Defendants' motion. Having considered the arguments of counsel at this hearing, and having reviewed the parties' briefs and the other materials in the record, the Court is now prepared to rule on this motion. This Opinion and Order sets forth the Court's rulings.
Plaintiff Robert James Watkins is a well-known independent producer and television and radio personality in Highland Park and Detroit, Michigan. Several of his productions have appeared over the years on Channel 62 in Detroit, back when this station was locally owned.1 For approximately the past five years, Plaintiff's corporation, Late Night Entertainment, Inc., has leased a 12,420 square foot building at Woodward Avenue and Midland Street in Highland Park. This building houses radio, television, and recording studios, Plaintiff's corporate offices, and "Studio 95," a hall and studio used for concerts and television productions. These premises are served by three separate entrances: 15849 Woodward, site of the TV, radio, and recording facilities; 15851 Woodward, where Plaintiff's office is located; and 19 Midland Street, the entrance to Studio 95.
Plaintiff periodically sublets the Studio 95 facility to promoters for concerts or "techno" music parties. On April 17, 2000, Plaintiff's corporation entered into a five-year sublease with Detroit Underground Productions, Inc., calling for a payment of $2,000 for each event that Detroit Underground held on the Studio 95 premises, and granting Detroit Underground a right of first refusal concerning any other proposed event at this facility.2 This sublease further stated:
The parties agree that they will not be involved, directly and/or indirectly, in any illegal activity inside and/or around the property known as Studio 95, which will compromise the promotion of the events that will be held. If any illegal activity does occur from any of the persons listed above [i.e., the parties to the sublease], either party shall have the option to terminate this agreement immediately.
(Plaintiff's Response, Ex. B, Sublease at ¶ 8.)
By its terms, this sublease commenced on May 5, 2000. That same day, one of the principals of Detroit Underground, Carl G. Smith, wrote to the Mayor of Highland Park, Linsey Porter, to explain his plans for the Studio 95 facility. This letter acknowledged that a recent event at Studio 95 had received negative publicity in the local media, but promised that the events to be held by Detroit Underground would be far different:
Due to the recent news broadcast that took place on Wednesday May 3, 2000 on Channel 2 "Fox" at 10:07 p.m. I feel it necessary to explain to you some of our plans that we have with Studio 95 located at 15851 Woodward Avenue Highland Park, MI 48203.
During the broadcast several issues were brought to the attention of the public. Fox 2 played hidden undercover video tape that was obtained by them during recent "rave" parties that had taken place in the city of Detroit, as well as, the city of Highland Park. The party they showed in Highland Park took place at Studio 95 on April 8, 2000 it was called "True Masters 2" and featured the notorious hip-hop group "The Wu-Tang Clan," the Production Company that held the "rave" was BTM Productions. The footage that they showed from that party included: Open using and distribution of narcotics; The Promoters openly selling "balloons" filed with Nitrous Oxide; Open nudity and sexual acts being performed by dancers hired by the Promoter; And enormous amounts of trash left outside for days. These are the main points that they touched on, and personally I do not blame them. There is obviously a serious problem when a Promoter such as the one who held the "rave" in question can hold an event such as this, have absolutely no respect for the Law, and not have the "rave" closed down.
When this event took place we were extremely concerned with the damage that it may have caused. But, when I watched the Fox 2 news report I was actually pleased. I was pleased because everything they showed and everything that BTM's "rave" was, is exactly what we are not. Fox 2 is not the only news organization running stories like this one. On Tuesday May 2, 2000 Dateline NBC ran a segment on "raves" in Colorado, similar to Fox 2's report. But again I was pleased, we are not involved with promoting "raves" we are involved with opening a non-alcoholic Night Club, a very safe alternative to the "raves," for young adults.
Several months back my partner, Felton Howard, and Myself began to execute a project that we have been working on. We wanted to open a Club that was like no other. Though in our beginning stages of planning we lacked a suitable building. Then he had suggested Studio 95, it was perfect, the place already has musical history behind it, The New Dance Show, which is a Legend. It is clean, very spacious, centrally located and carries a very good reputation. A few months back we began to have meetings with R.J. Watkins. He approved on this venture for it is going to bring stability and life back to Studio 95, something that has not been present there since The New Dance Show. He also saw the need to get away from these "rave" parties and allow Studio 95 to take shape as a viable entity.
(Plaintiff's Response, Ex. C, Smith 5/5/2000 Letter at 1-2.)
Smith went on to outline his specific plans for the facility, including a grand opening event to be held the next day, May 6, 2000. He stated that "[w]e will enforce a strict Zero Tolerance Policy on Drugs and Alcohol," that guests would be subjected to a pat-down search before being allowed to enter the club, and that thirty security officers had been hired to police the interior and exterior of the building. (Id. at 2.) In closing, Smith stated that "[t]he `rave' that took place at Studio 95 on April 8, 2000 was a travesty and a disgrace to your Community," but that "[w]hat we are going to open is not a `rave' but a very well organized safe alternative to this apparent problem." (Id. at 3.)
Plaintiff himself has acknowledged that problems arose at the April 8, 2000 party at Studio 95. He testified that he was on the premises that night, going back and forth between the party and his office, and that he shut down the party early, at around 4:30 a.m., because it had gotten "too big." (Plaintiff's Response, Ex. A, Plaintiff Dep. at 28-30.) Plaintiff also appeared before the Highland Park City Council following this event to address complaints of noise, too many people, and excessive accumulation of trash outside the facility, and to assure the council that "we don't condone such operations" and that the promoter of the April 8 event "would not be allowed to use the building again." (Id. at 43.) Plaintiff testified, however, that he did not observe the sale or use of drugs at the April 8 party, nor did he see any partygoers who appeared to be underage. Regarding the May 3, 2000 Fox 2 news broadcast that appeared to depict illegal activity at the April...
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