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)

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
[phone]

3