Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 01-27-2023
Case Style:
Marteze Haliburton v. City of Ferndale
Case Number: 2:22-cv-10864
Judge: Terrence G. Berg
Court: United States District Court for the Eastern District of Michigan (Wayne County)
Plaintiff's Attorney:
Defendant's Attorney: Benjamin Richard Deneweth and Kali M.L. Henderson
Description: Detroit, Michigan personal injury lawyers represented Plaintiff, who sued defendant on a civil rights violation theory.
After being pulled over for speeding on Eight Mile Road in Detroit by Ferndale Police Officer Kevin Jerome, vehicle passenger Marteze Haliburton was removed from his car and frisked by Officer Jerome. Haliburton claims that the frisk later evolved into a full body-cavity search, while the Ferndale officers say that their actions were not so intrusive.
Plaintiff Haliburton brought suit against Defendant Officers Nathan Bodendorfer, Justin Harwood, Kevin Jerome, Brandon Szczesniak, and the City of Ferndale for violating his constitutional rights. After Haliburton's claims against Harwood and Bodendorfer were dismissed,[1] the following constitutional claims under 42 U.S.C. § 1983 remain:
1. Fourth Amendment claim against Jerome in his individual capacity;
2. Fourteenth Amendment claim against Jerome in his individual capacity;
3. Fourth Amendment claim against Szczesniak in his individual capacity; and
4. Fourth Amendment claim against the City based on Monell liability.
Outcome: Defendants' motion for summary judgment is DENIED in part and GRANTED in part. Plaintiff's Fourth Amendment claims against Defendants Jerome and Szczesniak must be tried by a jury. Plaintiff's Fourteenth Amendment claim against Defendant Jerome is DISMISSED with prejudice. Plaintiff's Monell liability claim against Defendant City of Ferndale is DISMISSED with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: