Watson v. City of Burton, a Michigan municipal corporation et al

Filing 39

ORDER DENYING DEFENDANTS' 29 Objection, filed by City of Burton, a Michigan municipal corporation, Detective Eric Freeman, Burton Police Department, Dennis Gross, Detective/Sgt. Shawn Duncanson, Detective David Powell, Burton Police Department - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL CLIFTON WATSON,
Plaintiff,

No. 17-11833

v.

District Judge Arthur J. Tarnow
Magistrate Judge R. Steven Whalen

CITY OF BURTON, ET AL.,
Defendants.
/
ORDER DENYING OBJECTION TO/ MOTION TO STRIKE
On August 24, 2017, Plaintiff filed a Revised Amended Complaint [Doc. #24].
Before the Court is Defendants’ Objection to Plaintiff’s Revised Amended Complaint
[Doc. #29], which the Court construes as a motion to strike the revised amended
complaint. On August 16, 2017, I granted in part and denied in part Plaintiff’s motion to
amend his complaint. Specifically, I permitted amendment as follows:
“Accordingly, Plaintiff’s Motion for Leave to File Amended Complaint
[Doc. #13] is GRANTED IN PART, to the extent that the Amended
Complaint will be construed to raise the following claims: (1) violation of
the Fourth Amendment based on Plaintiff’s arrest; (2) violation of the Equal
Protection Clause of the Fourth Amendment; (3) Michigan common law
claim of false arrest; and (4) Michigan common law claim of false
imprisonment.” Opinion and Order [Doc. #23].
Plaintiff’s Revised Amended Complaint [Doc. #24] raises the four claims I
permitted in my previous order and deletes the claims on which I denied leave to amend.
It does not add any new Defendants or any new claims. Because it is completely
consistent with my August 16, 2017 order,

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Defendants’ Objection/Motion [Doc. #29] is DENIED.

IT IS SO ORDERED.

s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: October 6, 2017

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on October 6, 2017, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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