Klimik v. Kent County Sheriff's Department

91 F. App'x 396
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 30, 2004
DocketNo. 02-1774
StatusPublished
Cited by32 cases

This text of 91 F. App'x 396 (Klimik v. Kent County Sheriff's Department) 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
Klimik v. Kent County Sheriff's Department, 91 F. App'x 396 (6th Cir. 2004).

Opinion

GIBBONS, Circuit Judge.

Plaintiff-appellant Andrew Klimik contacted defendant-appellee Kent County Sheriffs Department (“Department”) on [397]*397November 19, 1999, to complain about a theft) of his personal property. The Department declined to send a patrol car to Klimik’s residence to investigate the complaint because Klimik’s address had been “red-flagged” by the Department as entitled only to emergency service. Klimik filed suit against the Department and then Kent County Sheriff James R. Dougan under 42 U.S.C. § 1983, alleging that defendants violated Klimik’s Fourteenth Amendment rights to equal protection and due process by red-flagging his address and denying him non-emergency police services. The district court granted defendants’ motion for summary judgment. For the following reasons, we affirm the judgment of the district court.

I.

Klimik resides in Alto, Michigan, in a home located on Campbell Lake. His home is situated on a private drive along with a number of other residences. Over the course of twenty years, Klimik frequently has complained to the Department about Lieutenant Larry Flynn and his family, who are Klimik’s neighbors.1 According to Klimik, he has been bothered by Flynn, the Department’s former road patrol supervisor, and Flynn’s family since they moved next door to him over thirty years ago. Klimik claims that they have thrown wild parties, that Flynn’s children have vandalized his property, that Flynn’s grandchild was involved in drugs, and that Lieutenant Flynn threatened to kill him on one occasion. The Department responded to Klimik’s various complaints by dispatching road patrol deputies, the very officers Lieutenant Flynn supervised, to Klimik’s residence to investigate. Klimik, at times, was displeased with the Department’s response to his complaints and believed that the responding officers often were biased ill their investigations in favor of Flynn and Flynn’s family. The Department claims that Klimik frequently complained about such a bias.

In light of Klimik’s complaints, the Department ultimately decided to “house-watch,” or “red-flag.” Klimik’s residence in 1997. According to Department policy, a red flag is a designation attached to an address in the Department’s dispatch computer system that notifies a dispatcher answering a call from that address that complaints arising from the residence are to receive a specialized response. The red flag attached to Klimik’s address provided the following instruction:

If Andrew Klimek [sic] calls for NON-EMERGENCY complaint, refer subject to either Rockford [Michigan State Police] or Ionia [Michigan State Police] due to adversarial relationship with this department. Mr. Klimek [sic] is the neighbor of retired Lt. Larry Flynn, [Kent County Sheriffs Department]. Mr. Klimek [sic] has always complained about matters involving Flynn — which have all been of no substance. ALWAYS SEND ASSISTANCE TO EMERGENCY CALLS AT THIS HOME.

The Department determined that, in addition to Klimik’s allegations of bias, the red flag was necessary because of the potential conflict of interest created by Klimik’s non-emergency complaints, which generally involved Flynn, a former Department officer whose responsibilities once included supervising the deputies who investigated complaints. Rather than subject its officers to such a conflict of interest and rather than leave itself open to Klimik’s charges of bias, the Department decided it would be better for both the Department and Klimik if the Michigan State Police [398]*398handled all of Klimik’s non-emergency complaints.2

At about 8:30 a.m. on November 19, 1999, Klimik noticed that flower pots were missing from his front yard. At 9:00 a.m., he contacted the Department to report a theft of the flower pots. Klimik did not suggest that the situation presented an emergency. The dispatcher told Klimik that a patrol officer would be sent to his residence to investigate his complaint. As of 11:00 a.m., no patrol officer had arrived. Klimik then called the Department again and notified the dispatcher that the promised patrol officer had yet to arrive. The dispatcher notified Klimik that his address had been red-flagged and that his request for non-emergency service was being denied. According to Klimik, the dispatcher mentioned that the red flag had been ordered by Sheriff Dougan, but the dispatcher did not explain the basis for the designation. After being denied service by the Department, Klimik contacted the Michigan State Police to report the theft. The State Police did not respond to Klimik’s call that day.

Klimik waited until April 3, 2000, to contact the Department again to report the previous theft of his flower pots on November 19, 1999. He was determined to obtain a police report regarding the theft so that he could file the report with an insurance claim. The dispatcher notified Klimik that his address had been red-flagged and that the Department would not provide him with non-emergency service. According to Klimik, the dispatcher did not notify him of the reasons for the red flag. The dispatcher then transferred Klimik to the Michigan State Police. The State Police responded to Klimik’s call that day by sending a patrol officer to hjs address. The state trooper provided Klimik with a police report chronicling Klimik’s complaint of a theft.

On April 30, 2001, Klimik filed suit against defendants in the United States District Court for the Western District of Michigan under 42 U.S.C. § 1983. Klimik alleged that defendants violated his Fourteenth Amendment rights to due process and equal protection by red-flagging his address and denying him non-emergency police services. Defendants filed a motion for summary judgment on March 26, 2002. In addition to addressing Klimik’s substantive claims, defendants asked the court to dismiss the complaint with regard to the Department on the ground that the Department is not a legally cognizable entity subject to suit because it is merely a political subdivision of Kent County. Defendants asserted that, instead of the Department, the proper defendant would be either Kent County or the current sheriff of Kent County. Lawrence A. Stelma.

The district court granted defendants’ motion for summary judgment on May 15, 2002. The court found persuasive the argument that the Department is not a legally cognizable entity subject to suit. However, the court assumed Klimik would properly amend his complaint to name Sheriff Stelma as a defendant and proceeded in light of this assumption.3 The court then addressed Klimik’s equal protection claim. Because Klimik did not allege that he was a member of a certain class or group, the court proceeded on the assumption that his equal protection claim was premised on a “class of one” theory. [399]*399The court determined that Klimik presented no equal protection claim under this theory because he could not demonstrate that the decision to red-flag his address or to deny him non-emergency service lacked a rational basis. Finally, the court addressed Klimik’s due process claims. The court construed Klimik’s complaint as presenting both a procedural and a substantive due process claim.

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Bluebook (online)
91 F. App'x 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klimik-v-kent-county-sheriffs-department-ca6-2004.