Civil Rights Victory · Police Misconduct
Client tackled and searched by police officer for standing near a different suspect
Civil rights settlement after the claims survived dismissal
A Black man was standing outside an apartment complex in Battle Creek minding his own business when he was attacked and unlawfully arrested by police officers.
With Michigan Legal Center’s help, he was able to get justice against the officers who violated his rights.
The client met his brother outside of a Battle Creek apartment complex, 15 minutes later, he was in handcuffs in the backseat of a police cruiser and on his way to jail. The client was talking to his brother and a resident of the complex when officers approached. The officers were responding to a surveillance of the apartment resident, who had posted a Snapchat video of himself with a handgun.
Without identifying themselves or articulating any suspicion, officers grabbed the client and searched him using a pat-down.
After he asked why he was being searched, officers tackled him to the ground and arrested him. They claimed he was resisting arrest and obstructing justice.
Michigan Legal Center civil rights attorney Shawn Cabot represented the client and successfully opposed the officers’ motion for summary judgment.
This means that the police officers attempted to have the case dismissed. However, after reviewing testimony, videos and the evidence of the case, the court allowed the case to proceed.
The court agreed that there was no reasonable suspicion merely by association and the officers were not entitled to qualified immunity. Michigan Legal Center was able to present the facts of the case in a way that allowed the judge to rule without oral argument.
The court denied qualified immunity after concluding that the evidence, viewed in the client's favor, supported claims for an unlawful stop and frisk, unlawful arrest, and excessive force.
With the help of Michigan Legal Center, our client got the outcome he deserved.