Davis v. Walleman

596 F.Supp.3d 877

Logan DAVIS, Plaintiff,

v.Jeremy WALLEMAN, Defendant.

2:20-CV-11499-TGB-DRG

United States District Court, E.D. Michigan, Southern Division.

Signed March 31, 2022

Brandon McNeal, David A. Robinson, Robinson and Associates, P.C., Southfield, MI, Thomas E. Kuhn, Thomas E. Kuhn, P.C., Troy, MI, for Plaintiff.

Marc D. Kaszubski, Nathan D. Petrusak, O'Reilly Rancilio P.C., Sterling Heights, MI, for Defendant.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

(ECF NO. 24)

TERRENCE G. BERG, United States District Court Judge

In 2019, on a rainy April night in Sterling Heights, Michigan, 18-year-old Logan Davis had just gotten off work at a sandwich shop and was waiting under a nearby awning for his dad to pick him up and drive him home. A few minutes later, Davis ended up hand-cuffed in the back of a Sterling Heights police cruiser, having been forcibly taken to the ground and arrested for loitering. Davis brought this lawsuit against Officer Jeremy Walleman and the City of Sterling Heights for what he alleges was an unlawful arrest for loitering and failure to produce identification. Davis asserts claims alleging a violation of his First, Fourth and Fourteenth Amendment rights, along with state law claims accusing Officer Walleman of failing to perform ministerial duties, malicious prosecution, gross negligence, false arrest, false imprisonment, intentional infliction of emotional distress and racial discrimination in violation of Michigan's Elliott-Larsen Civil Rights Act ("ELCRA"). Subsequently, Plaintiff Davis dismissed his Monell claims against Sterling Heights, and some of his claims against Officer Walleman. See ECF No. 26, PageID.524. Now before the court is Officer Walleman's Motion for Summary Judgment on all remaining claims. For the reasons below, Officer Walleman's Motion for Summary Judgment will be GRANTED IN PART and DENIED IN PART .

I. BACKGROUND

At the time of the incident here, Plaintiff Logan Davis was 18 years old and a resident of Sterling Heights, Michigan. Pl.’s Dep., ECF No. 24-6, PageID.349. Davis, who is Black, held a variety of part-time jobs throughout high school, including a job at Firehouse Subs on 16 Mile Road and Van Dyke Avenue in Sterling Heights from February 2019 through approximately June 2019. Id. at PageID.357-59. Defendant, Officer Jeremy Walleman, was at that time a 16-year veteran patrol officer with the Sterling Heights Police Department. ECF No. 24, PageID.143.

On April 25, 2019, Davis was working a 3:00pm-to closing (9:00pm) shift at Firehouse Subs. ECF No. 24-6, PageID.362. At the time, Davis did not own a car and so his father would drive him to and from work. Id. at PageID.363. On a normal closing shift, Davis would finish work between 9:00 and 9:10 p.m., but because closing duties took longer that night, he finished between 9:40 and 9:45p.m., a little more than a half hour later than usual. Id. at PageID.371. That evening, Davis’ father had arrived around 9:00p.m., but because Davis was not yet ready, and because Davis’ home was only a few minutes away, he returned home to wait until Davis was ready to be picked up. Id. at PageID.371.

Once Davis finished closing, he left the store and stood outside, waiting for his ride. Id. at PageID.371-72. Because it was dark and raining, Davis stood under the Dickey's Barbeque awning two doors down from Firehouse Subs. Id. at PageID.372. Davis testified that he decided to stand under the Dickey's Barbeque awning because it was lower and stuck out farther than the Firehouse Subs awning, and thus gave more protection from the rain. Id. Additionally, Dickey's Barbeque had a neon light in one of the restaurant's front windows which Davis believed would help his dad see him. Id. at PageID.376. While waiting outside, Davis called his dad to tell him he was ready and listened to music. Id. at PageID.369.

At 9:47 p.m., Officer Walleman was travelling down Van Dyke Avenue on routine patrol and saw a person—who later turned out to be Davis—standing in front of Dickey's Barbeque. Walleman Aff., ECF No. 24-4, PageID.321. Officer Walleman testified that when saw the individual from the road, he could not determine the person's race or sex. Id. Walleman testified that, because he was aware of a number of prior commercial break-ins in the area,¹ all the businesses in the strip mall were closed, and no vehicles appeared to be in the parking lot, he decided to investigate. Id. at PageID.322.

The Court has reviewed video recordings that provide footage and audio from different vantage points showing what happened next: the dash cam of the of the police vehicle, ECF No. 24-8, and the cell phone camera of Plaintiff Logan, ECF No. 24-7. The summary below is based on these sources of evidence. Officer Walleman pulled up to Dickey's Barbeque and asked Davis what he was doing, and if he worked in the strip mall. Pl's. Cell Phone Video, Exhibit E, ECF No. 24-7, at 00:01. Davis told Officer Walleman he worked at Firehouse Subs and was waiting for his dad. Id. at 00:02-00:04. Officer Walleman then asked for Davis’ name, to which Davis responded "Logan." Id. at 00:04-00:06. Officer Walleman responded by asking "Logan what?" Id. at 00:06-00:08. Davis did not provide his last name, but instead asked why Walleman wanted to know what Davis’ last name was. Officer Walleman proceeded to explain that he was concerned that Davis was standing in front of closed businesses and asked for Davis’ identification so he could "write [Davis’] name down that [Walleman] talked to [Davis.]" Id. at 00:09-00:25.

Officer Walleman and Davis then argued about whether Davis was required to provide his identification and at one point, Officer Walleman told Davis "you're standing in front of closed businesses and you're loitering," Id. at 00:50-00:56, to which Davis asked, "how am I loitering if I just got off, [I'm] waiting on my dad?" Id. at 00:57. Officer Walleman responded by asking Davis "how am I supposed to verify that, brother?" Id. at 00:55-00:59.

At this point, it appears that Davis unzipped his jacket and showed Officer Walleman his work uniform. Dash-Cam Video, ECF No. 24-8, 01:29-01:33. Davis also claims that he showed Officer Walleman his work shirt and employee badge. Davis Aff., ECF No. 26-1, PageID.571. Officer Walleman then responded, "Okay, well, now let me see your – ok, well, let me see your ID." Id. Davis and Officer Walleman continued to argue about whether Davis was required to provide his identification. Eventually, Officer Walleman told Davis to "turn around and put your hands behind you back. You're not identifying yourself" and Davis began backing away. Id. at 01:38-01:42. As Officer Walleman attempted to pull Davis’ right arm behind his back and repeated "put your hands behind your back," Davis continually said, "that is illegal" and "what is your reason" while holding his cell phone in his left hand and not putting it behind his back. Id. at 01:42-56.

Officer Walleman then tackled Davis to the ground, pinning him on his right side and pressing his head into the pavement in an attempt to handcuff his hands behind his back. Id. at 01:56-01:59. While Davis was pinned on the pavement, he and Officer Walleman continued to argue about Davis’ refusal to put his hands behind his back and provide identification. Id. 01:59-0:3:00. After about one minute, additional officers arrived, quickly assisted Officer Walleman in handcuffing Davis, and placed him a police car. Id. 03:00-4:10.

Once Davis was handcuffed and in the patrol car, his father arrived and Officer Walleman explained why Davis had been arrested. After a brief argument about whether Davis should have been arrested at all, Davis’ father said "[i]f he was white, you wouldn't do it." ECF No. 24-8, at 10:13-10:18; Delbert Davis Aff., ECF No. 26-6, PageID.606. To which Officer Walleman responded, "[a]bsolutely, 150 percent." Id.

Davis was charged with loitering and resisting arrest, but, the charges were eventually dismissed. Davis Dismissal, ECF No. 24-13, PageID.516. On June 8, 2020, Davis filed this lawsuit against Officer Walleman and the City of Sterling Heights alleging First Amendment retaliation, violations of his Fourth and Fourteenth Amendment rights to be free from wrongful investigation, imprisonment, arrest, excessive force and racial discrimination. ECF No. 1. Davis also brought several claims under state law for failure to perform ministerial duties, gross negligence, false arrest, false imprisonment, intentional infliction of emotional distress, and racial discrimination. Id. At the conclusion of discovery, Defendants filed a Motion for Summary Judgment on all claims, and that motion is fully briefed. See ECF Nos. 24, 26, 30. The Court held a hearing on the motion on February 16, 2022.

II. STANDARD OF REVIEW

"Summary judgment is appropriate if the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show that there is no genuine issue as to any material fact such that the movant is entitled to a judgment as a matter of law." Villegas v. Metro. Gov't of Nashville , 709 F.3d 563, 568 (6th Cir. 2013) (internal marks and citation omitted); see also Fed. R. Civ. P. 56(a). A fact is material only if it might affect the outcome of the case under the governing law. See Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

On a motion for summary judgment, the Court must view the evidence, and any reasonable inferences drawn from the evidence, in the light most favorable to the non-moving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (citations omitted); Redding v. St. Eward , 241 F.3d 530, 532 (6th Cir. 2001).

The moving party has the initial burden of demonstrating an absence of a genuine issue of material fact. Celotex Corp. v. Catrett , 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the...