McCormack v. Westland et al

Filing 60

ORDER Granting in Part and Denying in Part Plaintiff's 40 Motion for Partial Summary Judgment. Signed by District Judge Matthew F. Leitman. (HMon)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARIA MCCORMACK, Plaintiff, Case No. 15-cv-14507 Hon. Matthew F. Leitman v. CITY OF WESTLANd, et al., Defendants. _________________________________/ ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF #40) This is a civil action under 42 U.S.C. § 1983. Plaintiff Maria McCormack (“McCormack”) has sued the City of Westland, the Wayne Westland Fire Association, Highland Landscape and Snowplowing, and a number of individually-named defendants (collectively, the “Defendants”) for entering McCormack’s yard and taking or damaging her property. (See Am. Compl., ECF #32.) McCormack has now filed a Motion for Partial Summary Judgment (on liability only) as to Count I of the Amended Complaint (the “Motion”). (See ECF #40.) In Count I of the Amended Complaint, McCormack alleges that Defendants violated her rights under the Fourth Amendment to the United States Constitution. The Court held a hearing on the Motion on August 10, 2017. For the reasons stated on the record at the August 10, 2017, hearing, IT IS HEREBY ORDERED that: 1   1. The Motion (ECF #40) is GRANTED with respect to the following Defendants:  The City of Westland;  The Wayne Westland Fire Association;  Kelly Eggers;  Brenn Dohring;  Chris Szpara;  Officer Abramski; and  Tom Lutkenhoff. 2. The Motion (ECF #40) is DENIED with respect to the following Defendants:  Tim Wilson  Highland Landscape and Snowplowing;  Jeff Speaks;  Gage Speaks;  Jose Vega; and  Alfredo Vega. IT IS SO ORDERED. /Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: August 10, 2017 2   I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on August 10, 2017, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (810) 341-9764 3  

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