Maxwell et al v. Dodd, et al

Filing 79

ORDER granting in part and denying in part 67 Motion for Summary Judgment. Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KIA MAXWELL, Individually, and as Next Friend of T.D., a minor, and B.R., a minor. Plaintiffs, v. DARREN DODD; A. ROESKE; SMITH; JOHN DOE, five unknown agents of the United States Secret Service; UNITED STATES OF AMERICA; STERLING HEIGHTS POLICE DEPARTMENT; JAY DONALDSON; ROGER GONGOS; MATTHEW GUNNARSON; JAMES KNIGHT; GREGORY LASKI; DANIEL LANGHOR; and JOSEPH SVESKA, Defendants. / ORDER At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan, on October 5, 2009. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE Case No. 08-11326 Honorable Patrick J. Duggan

This action arises from the arrest of Bryan Ross at the home of Kia Maxwell, T.D., and B.R. (collectively "Plaintiffs") on October 18, 2007, and the subsequent search of Plaintiffs' home. In their second amended complaint, Plaintiffs alleged that United States Secret Service Agents Darren Dodd, Roger Gongos, Matthew Gunnarson, James Knight, Gregory

Laski, and Daniel Langhor (collectively "Defendants")1 violated their Fourth Amendment rights (Count I) and participated in a civil rights conspiracy (Count II). Presently before the Court is a Motion for Summary Judgment from Defendants, filed on July 17, 2009. The motion has been fully briefed and the Court held oral argument on October 1, 2009. For the reasons set forth on the record at that hearing, IT IS ORDERED THAT Defendants' Motion for Summary Judgment is GRANTED IN PART as to the custody claims in Count I against defendants Gongos, Gunnarson, Laski, and Langhor. IT IS FURTHER ORDERED THAT Defendants' Motion for Summary Judgment is GRANTED IN PART as to Count II against defendants Gongos, Gunnarson, Laski, and Langhor. IT IS FURTHER ORDERED THAT Defendants' Motion for Summary Judgment is DENIED IN PART as to all other claims and defendants. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to:
Rex A. Burgess, Esq. Heidi T. Sharp, Esq. William L. Woodard, Esq.

1

These are the only remaining defendants in this action. 2