Briggs v. City of Detroit et al

Filing 34

ORDER Denying in Part and Granting in Part Defendant Stanley Kropik's 29 Motion for Summary Judgment. Signed by District Judge Matthew F. Leitman. (HRya)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN BRIGGS,
Plaintiff,
Case No. 22-cv-11300
Hon. Matthew F. Leitman

v.
CITY OF DETROIT, et al.,

Defendants.
__________________________________________________________________/
ORDER DENYING IN PART AND GRANTING IN PART
DEFENDANT STANLEY KROPIK’S MOTION FOR
SUMMARY JUDGMENT (ECF No. 29)
On February 5, 2024, the Court held a hearing on Defendant Stanley Kropik’s
Motion for Summary Judgment. (See Mot., ECF No. 29.) For the reasons stated on
the record, IT IS HEREBY ORDERED as follows:
1.

Defendant’s Motion for Summary Judgment is GRANTED to the
extent it seeks summary judgment in favor of Kropik on (1) Plaintiff’s
claim for intentional infliction of emotional distress under Michigan
state law and (2) Plaintiff’s claim that Kropik violated the 4th
Amendment by seizing Plaintiff without reasonable suspicion or
probable cause.

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2.

Defendant’s Motion for Summary Judgment is DENIED to the extent
it seeks summary judgment for Kropik on (1) Plaintiff’s claim that
Kropik used excessive force in violation of the Fourth Amendment
when (Kropik) pushed the Plaintiff against a vehicle; (2) Plaintiff’s
claim that Kropik used excessive force in violation of the Fourth
Amendment when he handcuffed Plaintiff; and (3) Plaintiff’s claim
under Michigan state law for assault and battery.

IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: February 5, 2024
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on February 5, 2024, by electronic means and/or
ordinary mail.
s/Holly A. Ryan
Case Manager
[phone]

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