Opinion
Case number 06-10745.
April 23, 2007
ORDER
On February 17, 2006, the Plaintiff, William Zantello ("Zantello"), filed a Complaint, in which he charged each of the Defendants, Shelby Township et al, with (1) a warrantless search and seizure, acts of excessive force, and malicious prosecution, all in violation of 42 U.S.C. § 1983, (2) assault and battery, (3) false arrest, (4) false imprisonment, (5) malicious prosecution, in violation of Mich. Comp. Laws § 600.2907, (6) gross negligence, and (7) a multitude of constitutional violations by Shelby Township representatives.
The Defendants in this cause have been identified by the Plaintiff as Shelby Township, Officers Scott Phelps, Kenneth Underwood, and Louis Francis.
On January 26, 2007, the Defendants filed a motion for summary judgment, contending that there were no genuine issues of material fact to be resolved by the Court. For the reasons that were stated on the record during a hearing on April 12th of this year, the Defendants' motion for summary judgment is granted as it relates to the Plaintiff's claims which pertain to the alleged custom, policy or procedure of Shelby Township and the liability of Officer Louis Francis. However, the Court will, and does, deny the balance of the Defendants' dispositive motion because there exist genuine issues of a material fact as to all of the remaining issues.
IT IS SO ORDERED.