Vanderlinden v. City of Warren

CourtDistrict Court, E.D. Michigan
DecidedSeptember 30, 2025
Docket2:22-cv-11060
StatusUnknown

This text of Vanderlinden v. City of Warren (Vanderlinden v. City of Warren) 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
Vanderlinden v. City of Warren, (E.D. Mich. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JOEL VANDERLINDEN,

Plaintiff, Case No. 22-11060

Honorable Nancy G. Edmunds v.

CITY OF WARREN, et al

Defendants.

________________________________/

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [56]

This matter is before the Court on Defendants’ motion for summary judgment on counts I, II, and VI of Plaintiff’s complaint. (ECF No. 56.) The Court previously dismissed counts III, IV and V. (ECF Nos. 9, 35.) Plaintiff’s remaining claims are for First Amendment retaliation under 42 U.S.C. § 1983 against Defendants Fouts and Bell, Monell liability of Defendant City of Warren, also under 42 U.S.C. § 1983, and conspiracy under 42 U.S.C. § 1985(3). For the following reasons, the Court GRANTS Defendants’ motion as to the conspiracy claim and DENIES the motion as to Plaintiff’s retaliation claim against Defendants Fouts and Bell and the Monell liability claim against the City of Warren. Plaintiff Joel Vanderlinden (“Plaintiff”) is a resident of the City of Warren and an active participant in local politics. Defendant Jerry Bell (“Defendant Bell”) is also a politically active Warren resident, and Defendant James Fouts (“Defendant Fouts”) was the mayor of the City of Warren at the time events related to the present claims occurred. Following Plaintiff’s public comments in opposition to Defendant Fouts’ political goals and a heated exchange between Plaintiff and Defendant Bell at the July 13, 2021, Warren city council meeting, Plaintiff alleges that Defendant Fouts met with Defendant Bell and Ethan Vinson1 (“Vinson”), then the Attorney for the City of Warren,

to conspire to silence Plaintiff’s public opposition. (ECF No. 56, PageID.479.) Plaintiff alleges that Vinson and Defendants Bell and Fouts planned to accomplish this by having Plaintiff arrested to prevent Plaintiff from making public comments at future city council meetings. (ECF No. 61, PageID.1370–1.) Plaintiff claims that this conspiracy was in retaliation for Plaintiff’s regular comments opposing Defendant Fouts’ political goals at previous meetings. Id. Defendant Fouts allegedly instructed Defendant Bell to accuse Plaintiff of assault to “teach him a lesson.” Id. at PageID.1371. Defendant Fouts also allegedly directed Vinson to assist Defendant Bell with the arrest warrant and requests for pre-trial detention measures that would prevent Plaintiff from attending and speaking at future council meetings. (ECF No. 61, PageID.1391.) Plaintiff was arrested

and detained and prevented from attending two city council meetings in 2021 because of these measures. (ECF No. 56-3, PageID.667.) Defendants submitted several matters of public record to support their motion to dismiss, including video of actions at the July 13, 2021 city council meeting that were the basis of Plaintiff’s arrest; the Warren Police Department case report about those July 13, 2021 actions; the misdemeanor complaint about the occurrence; a transcript of the July 27, 2021 arraignment related to the occurrence; and an excerpt from the City of Warren charter. (ECF Nos. 14-1 through 14-6.) After discovery, Defendants now submit

1 Vinson is not a party in this case. depositions from Plaintiff, Defendants Bell and Fouts, Vinson, Michelle Nard (another politically active Warren resident) and police sergeant Michael Lewis to further establish the absence of evidence to support Plaintiff’s claims. (ECF No. 56-1, PageID.498.) Plaintiff relies on his own deposition.

Plaintiff testified that Jerry Bell confessed to him that Fouts told Bell to pursue criminal charges against Vanderlinden while Bell, Fouts, and Vinson were at a meeting at City Hall; that Michelle Nard told Plaintiff that Bell also confessed this to her; and that Plaintiff saw Vinson at Defendant Bell’s criminal arraignment hearing, helping him. (ECF No. 56-3, PageIDs.598, 677, 683–86.) Defendants point out that Defendant Bell, Defendant Fouts, Vinson and Michelle Nard all denied these claims in their own depositions. (ECF No. 56, PageID.488.) I. Summary Judgment Standard Summary judgment under Federal Rule of Civil Procedure 56(a) is proper when “there is no genuine dispute as to any material fact and the movant is entitled to judgment

as a matter of law.” When reviewing the record, “‘the court must view the evidence in the light most favorable to the non-moving party and draw all reasonable inferences in its favor.’” United States S.E.C. v. Sierra Brokerage Servs., Inc., 712 F.3d 321, 327 (6th Cir. 2013) (quoting Tysinger v. Police Dep’t of Zanesville, 463 F.3d 569, 572 (6th Cir. 2006)). Furthermore, the “‘substantive law will identify which facts are material,’ and ‘summary judgment will not lie if the dispute about a material fact is genuine, that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’” Id. at 327 (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). The moving party bears the initial burden “of establishing the ‘absence of evidence to support the nonmoving party’s case.’” Spurlock v. Whitley, 79 F. App’x 837, 839 (6th Cir. 2003) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986)). “Once the moving party has met its burden, the nonmoving party ‘must present affirmative evidence on critical issues sufficient to allow a jury to return a verdict in its favor.’” Id. at 839 (quoting Guarino v.

Brookfield Twp. Trs., 980 F.2d 399, 403 (6th Cir. 1992)). II. Analysis A. Conspiracy To bring a civil conspiracy claim under 42 U.S.C. § 1985(3), a plaintiff must show “that (1) a single plan existed, (2) the conspirators shared a conspiratorial objective to deprive the plaintiffs of their constitutional rights, and (3) an overt act was committed in furtherance of the conspiracy that caused the injury.” Robertson v. Lucas, 753 F.3d 606, 622 (6th Cir. 2014) (citation omitted). The conspiracy must be based on “some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.” Griffin v. Breckenridge, 403 U.S. 88, 102 (1971); Smith v. Martin,

542 F.2d 688, 690 (6th Cir. 1976) (explaining that a § 1985(3) claim “must be founded on a class-based invidious discrimination.”). The Sixth Circuit has further held that “(1) classes who receive heightened protection under the Equal Protection Clause; and (2) those individuals who join together as a class for the purpose of asserting certain fundamental rights” may successfully bring a 1985(3) claim. Bartell v. Lohiser, 215 F.3d 550 (6th Cir. 2000).

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