Deborah Ryan v. City of Detroit

698 F. App'x 272
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 30, 2017
Docket16-1557
StatusUnpublished
Cited by10 cases

This text of 698 F. App'x 272 (Deborah Ryan v. City of Detroit) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deborah Ryan v. City of Detroit, 698 F. App'x 272 (6th Cir. 2017).

Opinions

[274]*274ROGERS, Circuit Judge.

Plaintiff Deborah Ryan appeals the dismissal of- her 42 U.S.C. § 1983 Equal Protection and Due Process claims against the City of Detroit and individual officers from the police departments of both the City of Detroit and neighboring Canton Township. Ryan's daughter, Patricia “Katie” Williams, was murdered by her husband, Edward “Ed” Williams, who was a homicide detective for the Detroit Police Department. Over the weekend leading up to the murder, both the Canton and Detroit police departments failed to detain Ed, despite both departments’ knowledge of Ed’s abusive and erratic behavior. After her daughter’s death, Ryan sued. Ryan alleged that the Canton police officers’ failure to detain Ed was due to intentional discrimination against Katie, -which she argued violated Katie’s Equal Protection rights. Ryan further alleged that the Detroit police officers’ actions to remove Ed from a database of wanted or missing persons put Katie in danger, which violated Katie’s Due Process rights. The district court dismissed all of Ryan’s claims on summary judgment, and she now appeals. For the reasons set forth below, the district court’s dismissal of Ryan’s claims was proper.

I.

Ed and Katie Williams1 married in 2006. Katie and Ed were both officers for the Detroit Police Department (“DPD”)—Ka-tie an instructor at DPD’s Police Academy; Ed a detective in DPD’s Homicide Division. The couple lived in the Detroit suburb of Canton Township, Michigan. By the summer of 2009, their marriage had deteriorated. Ed moved out of the couple’s former home. Katie began dating another man, Clifford Lee, also a Detroit police officer.

On the evening of Friday, September 19, 2009, Ed came by the couple’s former home and found Katie on the phone with Lee. Ed became enraged. He snatched Katie’s phone from her, threw her car keys into the bushes in front of their house, and threw her to the ground when she went to pick up her keys. Katie nevertheless grabbed her keys and fled.

Around midnight of the same day, Katie and Lee went to the Canton Police Department (“CPD”). There they spoke with Officer Adam Falk, who served as the desk officer at the station. Falk is the first individual officer defendant in this case.

Katie told Falk that her soon-to-be-former husband had come by her house and attacked her, throwing her to the ground. However, she said that she did not want to press charges, saying “He’s a police officer, so I don’t want ... All I want to do is go to my house and get my stuff out of there.” She then asked for a civil standby—an officer to accompany her to her house in case her husband was still there. Katie and Lee told Falk that they were DPD officers as well.

Falk responded by saying: “I understand. You know, obviously I understand the situation, but with you coming in here and telling me that and something happens and I don’t take a report, you know how it’s gonna be, okay? They’d hang me out to dry here. ... This is all recorded. All I can do is write up a report and let the prosecutor make the determination himself on whether they’re going to charge him or not, okay?” Falk also noted the evidence of assault: ‘You have a mark on the side of [275]*275your face, okay. There is evidence that a physical assault took place over there.”

Katie again emphasized that she did not want to press charges against her husband or fill out a witness statement, because she did not want him to lose his job, and that she feared how he would respond if charges were brought against him. She also repeated that she only wanted a civil standby to her house to pick up some things, in case Ed was still there. Falk reemphasized the evidence of domestic violence, saying “there’s obviously some kind of pattern going on here.” He also reemphasized his ■ obligation to file a report: “The problem is, like you said, if—you know by law we’re required to take that information if it’s presented to us, okay. And if we don’t we can be criminally charged. Our department is very, very strict when it comes to. that.”

However, Falk also appeared to yield somewhat to Katie’s demands for leniency in Ed’s favor. He told Katie:

All right. Here’s what I’m gonna do. I’m gonna take this information down. By law, as you guys know, I gotta write a report on it. I’m not gonna—even if I talk to him or see him tonight I’m not gonna arrest him based on the information that you gave me, okay, but I am gonna write a report and it is gonna get faxed to the Wayne County prosecutor and they’ll make the determination on it, okay?

He later added that “I’m not gonna put in the report that, you know—any of the— any—I’m gonna put in there basically all of what you told me that you don’t want to go forth with it, you don’t want him to lose his job.”

Finally, towards the end of the conversation, Falk asked Katie: “What’s your name? Can I get your ID?” Katie replied: “No, because you’re going to write a report as soon as I give you my ID ...” Katie had also avoided giving up Ed’s name at any time during the conversation. Katie and Lee left a few minutes later. As they were leaving, Falk asked whether they still wanted a civil standby. Katie replied that they did not.

Falk prepared a report on the incident. The report largely repeated the information Katie had given Falk. In particular, it noted that both the complainant and her husband were Detroit police officers. The report also noted that Katie had declined to give her name, her identification, or her husband’s name. Moreover, the report was prepared on a form entitled “Civil Matter” and “Not a Crime,” in contrast with the CPD’s typical domestic violence incident report. Falk also notified his commanding officer of his conversation with Katie and Ed.

Early on the morning of Saturday, September 20, Katie called her mother, Deborah Ryan, and asked Ryan to accompany her to her house to pick up some things. Katie and Ryan arrived at the house at approximately 9:00 a.m. Upon entering the house, Ryan found Ed sitting on the kitchen counter, holding a gun, with an empty liquor bottle next to him. Ed became enraged. He yelled at Ryan and Katie and waved his gun. He showed Ryan and Katie that he had another gun strapped to his ankle. He yelled at Katie and then grabbed her and tried to force her to get him something from out of the trunk of his car. Ryan called 911. She then told Ed that she had called the police. In response, Ed fled.

Canton police arrived a few minutes later. Two CPD officers searched the house and found a handwritten note in which Ed declared that he was “of sound mind (little pissed off though)” and that he wanted to “hereby leave all wordly possession [sic] to my mother, Wanda Williams. That is to [276]*276include all life insurance policies and bank accounts.” Based on this note, CPD officers feared that Ed might be suicidal.

CPD Lieutenant Mark W. Schultz then took over his department’s response to Katie’s case. Before the 911 call, Schultz had been briefed that a DPD officer had come into the station the night before and complained that her DPD husband had attacked her. Schultz had also been a part of the team that responded to Ryan’s 911 phone call. Schultz is the second individual officer defendant in this case.

Schultz reached out to the DPD Homicide Division where Ed worked and spoke with DPD Lieutenant Michael Martel.

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