Opinion
2:21-CV-10864-TGB-APP
02-04-2022
MARTEZE HALIBURTON, Plaintiff, v. CITY OF FERNDALE, a Michigan Municipal Corporation, d/b/a FERNDALE POLICE DEPARTMENT, BRANDON SZCZESNIAK, JUSTIN HARWOOD, KEVIN JEROME, and NATHAN BODENDORFER, in their individual and official capacities, Defendants.
ORDER GRANTING IN PART, DENYING IN PART, DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS
TERRENCE G. BERG, UNITED STATES DISTRICT JUDGE
For the reasons stated on the Record during the January 31, 2021 Hearing, Defendants' Motion for Judgment on the Pleadings is GRANTED IN PART and DENIED IN PART.
With respect to Plaintiffs Fourth Amendment claim pursuant to 42 U.S.C. § 1983 (Count I):
. Defendants' motion to dismiss Plaintiffs claim against the City of Ferndale is DENIED. Accordingly, Plaintiffs claim against Brandon Szczesniak, Justin Harwood, and Nathan Bodendorfer
(“Non-searching Defendant Officers”) in their official capacity is DISMISSED AS MOOT.
. Defendants' motion to dismiss Plaintiffs claim against the Non-searching Defendant Officers in their individual capacity is DENIED. With respect to Plaintiffs Fourteenth Amendment claim (Count II):
. Defendants' motion to dismiss Plaintiffs claim against the City of Ferndale is GRANTED.
. Defendants' motion to dismiss Plaintiffs claim against the Non-searching Defendant Officers in their individual and official capacity is GRANTED.
IT IS SO ORDERED.