McGrew v. Duncan

333 F. Supp. 3d 730
CourtDistrict Court, E.D. Michigan
DecidedAugust 10, 2018
DocketCASE NO. 16-10978
StatusPublished
Cited by11 cases

This text of 333 F. Supp. 3d 730 (McGrew v. Duncan) 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
McGrew v. Duncan, 333 F. Supp. 3d 730 (E.D. Mich. 2018).

Opinion

Denise Page Hood, Chief Judge

I. BACKGROUND

A. Procedural Background

On March 17, 2016, Plaintiff Katrina McGrew ("McGrew") brought this action against Defendants Sergeant Duncan ("Duncan"), Ramson Williams ("Williams"), D. Brents ("Brents"), Lynn Moore ("Moore"), S. Kue ("Kue"), E. Jackson ("Jackson"), D. Harnphanich ("Harnphanich"), W. Zeolla ("Zeolla"), John Doe Officers, and the Detroit Police Department ("DPD") (collectively "Defendants"). (Doc # 1) McGrew's allegations against Defendants include Use of Excessive Force against McGrew in violation of 42 U.S.C. § 1983 (Count I), Battery (Count II), Assault (Count III), Conversion (Count IV), Statutory Conversion ( M.C.L. 600.2919a ) (Count V), and Intentional Infliction of Emotion Distress (Count VI). (Doc # 1, Pg. 6-10) McGrew seeks the restoration of her property seized by Defendants, full and compensatory damages, punitive damages, reasonable attorney's fees and costs, and any other relief the Court sees just and proper. Id.

A Scheduling Order was issued by the Court on November 8, 2016, which ordered that discovery was to be complete on March 8, 2017. (Doc # 9) Pursuant to a Stipulation and Order Amending the Scheduling Order, a new deadline for completion of discovery was set for May 8, *7362017. (Doc # 18) McGrew filed a Motion for Sanctions and to Compel Discovery on May 1, 2017. (Doc # 19) McGrew's Motion to Compel Discovery was granted in part, and deferred in part, by Magistrate Judge Elizabeth A. Stafford ("Magistrate Judge Stafford"). (Doc # 25) Pursuant to a Stipulation and Order, the Scheduling Order was modified to extend all deadlines. August 4, 2017 was the deadline for completion of Discovery. (Doc # 26) September 5, 2017 was the dispositive motion deadline. Id. McGrew also filed a Motion for Leave to file an Amended Complaint on July 20, 2017. (Doc # 28) On August 22, 2017, Magistrate Judge Stafford issued an Order denying McGrew's Motion for Leave to file an Amended Complaint, and granting in part McGrew's previously deferred portions of her Motion to Compel Discovery. (Doc # 36)

This matter is before the Court on Defendants' Motion for Summary Judgment filed on September 5, 2017. (Doc # 40) McGrew filed a Response on September 26, 2017. (Doc # 45) Defendants did not file a Reply.

For the reasons set forth below, Defendants' Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART .

B. Factual Background

On November 26 2014, a warrant was issued for the search of 18744 Glastonbury in the Detroit, Michigan. (Doc # 41-2) A group of Detroit Police Officers including Sergeant Duncan and Officers Williams, Brents, Moore, Kue, Jackson, Harnphanich, and Zeolla, executed the search warrant the same day. According to McGrew, the group of officers forcefully entered her home sometime between 8:00 p.m. and 9:00 p.m. (Doc # 41-3, Pg. 25, 28:22-29:5)

McGrew stated that all of the officers wore all black, and that she could only see their eyes. (Id. , Pg. 26, 29:20-30:11) It is undisputed that one of the officers threw her down and handcuffed her during the search. (Id. , 29:13-15) McGrew asserts that she told the officer who threw her down the handcuffs were too tight (Id. , Pg. 29, 32:3-32:7), and he replied saying "shut up, bitch, you shouldn't be so fat." (Id. , Pg. 33, 33:4-33:9) She described the officer as a "light-skinned" black man, with a medium build, and approximately six feet, two inches tall. (Id. , Pg. 29, 29:20-30:11)

The officers seized a .380 caliber pistol and brown paper bag of marijuana. (Doc # 41-2) McGrew alleges that some of her other personal property went missing after the raid. Specifically, she alleges that a Samsung Galaxy S4 tablet, a pair of diamond earrings, a Galaxy S5 cell phone, and a Kahr 9 millimeter pistol were missing after the raid. (Doc# 1, Pg. 5, ¶¶ 31-33)

McGrew did not see any of the officers with her Galaxy S4 tablet, the Galaxy S5 cellphone, her diamond earrings, or her Kahr pistol. (Doc # 41-3, Pg. 37, 38:2-4; Id. , 38:10-12; Id. , 38:18-20; Id. , 37:16-17) She did see the officers with her Ruger handgun. (Id. , Pg. 33, 36:18-20) McGrew last saw the tablet and cell phone when she put them in a drawer a week or two after she moved into 18744 Glastonbury on October 1, 2014. (Id. , Pg. 49, 49:25-50:1; 12:10-13) She could not remember when she had last seen her diamond earrings. (Id. , Pg. 45, 46:4-12) She had last seen her Kahr pistol a week before the search warrant was executed. (Id. , 47:3-4)

After the execution of the warrant, McGrew was treated for her wrist injury at Henry Ford Hospital. (Id. , Pg. 21-22, 24:19-25:15) Her medical records reflect the presence of ecchymosis (bruising) on her right wrist. (Doc # 41-4) She was not diagnosed with any medical condition related to her wrist. McGrew testified that she did not suffer any physical injuries *737other than to her wrists. (Doc # 41-3, Pg. 37, 39:1-7)

II. ANALYSIS

A. Standard of Review

The Court will grant summary judgment if "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a) ; Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 250-57, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is material if it could affect the outcome of the case based on the governing substantive law. Id. at 248, 106 S.Ct. 2505.

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Bluebook (online)
333 F. Supp. 3d 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgrew-v-duncan-mied-2018.