Opinion
21-cv-11305
10-11-2024
JAVELL JOHNSON, et al., Plaintiffs, v. CITY OF ST. CLAIR SHORES, et al., Defendants.
Hon. Matthew F. Leitman
ORDER (1) DENYING DEFENDANTS' MOTION TO EXCLUDE EXPERT WITNESS (ECF NO. 66) AND (2) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 59)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
On October 10, 2024, the Court held a hearing on several motions that the parties have filed in this action. For the reasons explained on the record, IT IS HEREBY ORDERED as follows:
• Defendants' motion to exclude the testimony of Dr. Vikas Aggarwal (ECF No. 66) is DENIED. The parties shall take the depositions of Dr. Aggarwal and Dr. Marc Brodsky by no later than December 16, 2024 . The parties may then file a Daubert motion challenging the admissibility of the testimony of Dr. Aggarwal or Dr. Brodsky by no later than January 20, 2025 . If necessary and appropriate following resolution of any potential
Daubert motions, the Court will grant Defendants leave to file a second summary judgment motion based on Dr. Aggarwal's testimony.
• Defendants' motion for summary judgment (ECF No. 59) is GRANTED IN PART AND DENIED IN PART. The motion for summary judgment is GRANTED with respect to Plaintiffs' claims against Defendant City of St. Clair Shores. The motion is also GRANTED as to Plaintiffs' false arrest/imprisonment claim against Defendant Mark Stevelinck on the basis of qualified immunity. Those claims are DISMISSED.
• The motion for summary judgment is DENIED in all other respects.
• The only remaining claims for trial in this case are the Fourth Amendment excessive force claims brought by Plaintiffs Javell Johnson and the Estate of Clarence Johnson against Defendant Stevelinck.
• The Court will issue a ruling on Plaintiff's “Motion for Default Judgment as to Liability or, in the Alternative, an Adverse Jury Instruction at Trial Regarding the Destroyed Audio/Video Evidence of the Subject Incident” (ECF No. 60) in a separate order.
IT IS SO ORDERED.