Jalili-Khiabani v. Oakland County

864 F. Supp. 30, 1994 U.S. Dist. LEXIS 13721, 1994 WL 525913
CourtDistrict Court, E.D. Michigan
DecidedSeptember 14, 1994
DocketCiv. A. No. 94-72514
StatusPublished

This text of 864 F. Supp. 30 (Jalili-Khiabani v. Oakland County) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jalili-Khiabani v. Oakland County, 864 F. Supp. 30, 1994 U.S. Dist. LEXIS 13721, 1994 WL 525913 (E.D. Mich. 1994).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

GADOLA, District Judge.

Plaintiff Firooz Jalili-Khiabani is seeking recovery of damages from defendants under 42 U.S.C. § 1983 for alleged constitutional violations. Pursuant to Rule 56 of the Federal Rules of Civil Procedure, defendant Oakland County has filed a motion for summary judgment. The court will dispense with oral argument and decide the motion on the briefs submitted by the parties. Local Rule 7.1(e)(2) (E.D.Mich. Jan. 1, 1992). For the reasons discussed below, the court will grant defendant’s motion.

I. Background

Plaintiff alleges that defendants violated his right to be free from unreasonable searches and seizures. Specifically, plaintiff claims that on March 28, 1989, defendants Stupka and Spalo, both of whom are Oakland County Sheriffs Deputies, illegally entered his fenced backyard and conducted a warrantless search of his car in order to ascertain its vehicle identification (“VIN”) number. In a second incident, plaintiff alleges two unnamed City of Pontiac police officers stopped him on the highway and illegally impounded his car after conducting an unconstitutional search for its VIN number. [32]*32Plaintiff has also named as defendants the Oakland County Prosecutor, the Oakland County Sheriffs Department, and Officer Miles, another sheriffs deputy, all of whom were allegedly connected to the illegal search and seizure of his car.

In March 1990, plaintiff was convicted by a jury of four felonies related to an insurance fraud scheme involving the car at issue. Plaintiffs convictions were overturned on appeal and he was given a new trial, apparently the result of improper comments made by an assistant county prosecutor during his closing argument. In October 1993, plaintiff was again convicted of the charges against him following a plea of no contest.

On June 29, 1994, plaintiff filed his complaint alleging an unconstitutional search and seizure, as well as two state law causes of action. By a prior order of this court, plaintiffs two state law claims were dismissed. On July 27, 1994, defendant Oakland County filed the instant motion for summary judgment. Plaintiff has failed to file any response.

II. Standard of Review

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment may be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” “A fact is ‘material’ and precludes grant of summary judgment if proof of that fact would have [the] effect of establishing or refuting one of the essential elements of the cause of action or defense asserted by the parties, and would necessarily affect [the] application of appropriate principle[s] of law to the rights and obligations of the parties.” Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir.1984) (citation omitted) (quoting Black’s Law Dictionary 881 (6th ed. 1979)). The court must view the evidence in a light most favorable to the nonmovant as well as draw all reasonable inferences in the nonmovant’s favor. See United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962); Bender v. Southland Corp., 749 F.2d 1205, 1210-11 (6th Cir.1984).

The movant bears the burden of demonstrating the absence of all genuine issues of material fact. See Gregg v. Allen-Bradley Co., 801 F.2d 859, 861 (6th Cir.1986). The initial burden on the movant is not as formidable as some decisions have indicated. The moving party need not produce evidence showing the absence of a genuine issue of material fact. Rather, “the burden on the moving party may be discharged by ‘showing’—that is, pointing out to the district court—that there is an absence of evidence to support the nonmoving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). Once the moving party discharges that burden, the burden shifts to the nonmoving party to set forth specific facts showing a genuine triable issue. Fed.R.Civ.P. 56(e); Gregg, 801 F.2d at 861.

To create a genuine issue of material fact, however, the nonmovant must do more than present some evidence on a disputed issue. As the United States Supreme Court stated in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986),

There is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the [nonmovant’s] evidence is merely colorable, or is not significantly probative, summary judgment may be granted.

(Citations omitted). See Catrett, 477 U.S. at 322-23, 106 S.Ct. at 2552-53; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986). The standard for summary judgment mirrors the standard for a directed verdict under Fed.R.Civ.P. 50(a). Anderson, 477 U.S. at 250, 106 S.Ct. at 2511. Consequently, a nonmovant must do more than raise some doubt as to the existence of a fact; the nonmovant must produce evidence that would be sufficient to require submission to the jury of the dispute over the fact. Lucas v. Leaseway Multi Transp. Serv., Inc., 738 F.Supp. 214, 217 (E.D.Mich.1990), aff'd, 929 F.2d 701 (6th Cir.1991). The evidence itself need not be the sort admissible at trial. [33]*33Ashbrook v. Block, 917 F.2d 918, 921 (6th Cir.1990). However, the evidence must be more than the nonmovant’s own pleadings and affidavits. Id.

III. Analysis

Plaintiff seeks damages pursuant to 42 U.S.C. § 1983 for alleged violations of his Fourth Amendment right to be free from unreasonable searches and seizures.

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Bluebook (online)
864 F. Supp. 30, 1994 U.S. Dist. LEXIS 13721, 1994 WL 525913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jalili-khiabani-v-oakland-county-mied-1994.