333 F. Supp. 3d 730
E.D. Mich.2018Background
- On Nov. 26, 2014 Detroit police executed a search warrant at 18744 Glastonbury; officers entered forcibly, placed Katrina McGrew face-down, and handcuffed her. A .380 pistol and marijuana were seized.
- McGrew alleges one officer threw her down, ignored her complaint that the handcuffs were too tight, insulted and threatened her, and that several personal items (tablet, cell phone, diamond earrings, Kahr pistol) were missing after the raid.
- Medical treatment at Henry Ford Hospital documented right wrist ecchymosis; McGrew testifies no other physical injuries beyond wrist bruising.
- Defendants moved for summary judgment; McGrew opposed. The Court granted in part and denied in part the motion.
- The Court denied qualified-immunity protection to the officers on the Fourth Amendment excessive-handcuffing claim, denied summary judgment on common-law conversion, assault, and battery claims against the individual officers, but granted summary judgment on intentional infliction of emotional distress and statutory conversion claims.
- All claims against the Detroit Police Department were dismissed: (1) the Department is not a suable entity and (2) McGrew did not plead or present a Monell claim against the City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity for excessive-force (handcuffing) | McGrew: handcuffs were too tight, officer ignored complaints, she suffered wrist bruising | Officers: conduct was reasonable; bruising insufficient to defeat immunity | Denied for officers — material fact disputes exist on handcuffing elements (complaint, ignoring, physical injury) |
| Officer identity/liability of individual officers | McGrew: masks/all-black gear prevented ID; any present officer could be liable | Officers: plaintiff cannot identify the specific officer who violated her rights | Denied — Burley doctrine permits liability where officers concealed identities; jury questions remain |
| Governmental immunity for assault/battery (ministerial vs. discretionary acts) | McGrew: officers used excessive force in handcuffing and seizing her | Officers: actions were discretionary and within scope, immunizing them | Denied — handcuffing was ministerial here; triable issue on excessive force/battery/assault |
| Intentional infliction of emotional distress (IIED) | McGrew: forced entry, being slammed, ridiculed, threats, and loss of property caused severe distress | Officers: conduct not extreme/outrageous; acted under valid warrant and in good faith | Granted — remarks and conduct did not meet Michigan’s extreme/outrageous standard |
| Conversion and statutory conversion | McGrew: several personal items missing after search; officers saw/handled some property | Officers: no evidence any officer took or used plaintiff’s property | Common-law conversion denied (triable issue on missing items); statutory conversion granted (no evidence of using property for personal purpose) |
| Claims against Detroit Police Department / Monell liability | McGrew: sued DPD (no Monell theory pled) | Defendants: DPD is not a suable entity; no municipal liability evidence or Monell pleading | Granted — DPD dismissed; no Monell claim pleaded or supported by evidence |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden-shifting)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
- Malley v. Briggs, 475 U.S. 335 (qualified immunity – objective legal reasonableness)
- Saucier v. Katz, 533 U.S. 194 (qualified immunity two-step analysis)
- Graham v. Connor, 490 U.S. 386 (Fourth Amendment objective reasonableness for force)
- Lyons v. City of Xenia, 417 F.3d 565 (handcuffing excessive-force elements)
- Morrison v. Bd. of Trustees of Green Twp., 583 F.3d 394 (handcuffing as constitutional right)
- Burley v. Gagacki, 729 F.3d 610 (officer concealment and identity evidence)
- Odom v. Wayne County, 482 Mich. 459 (Michigan governmental-immunity framework)
- Ross v. Consumers Power Co., 420 Mich. 567 (governmental immunity context)
- VanVorous v. Burmeister, 262 Mich. App. 467 (assault/battery elements under Michigan law)
- Monell v. Department of Social Services, 436 U.S. 658 (municipal liability requires policy or custom)
- City of Canton v. Harris, 489 U.S. 378 (municipal failure-to-train standard)
- Miller v. Currie, 50 F.3d 373 (IIED may be resolved on summary judgment)