Opinion
Case No. 15-cv-14507
08-10-2017
MARIA MCCORMACK, Plaintiff, v. CITY OF WESTLANd, et al., Defendants.
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF #40)
This is a civil action under 42 U.S.C. § 1983. Plaintiff Maria McCormack ("McCormack") has sued the City of Westland, the Wayne Westland Fire Association, Highland Landscape and Snowplowing, and a number of individually-named defendants (collectively, the "Defendants") for entering McCormack's yard and taking or damaging her property. (See Am. Compl., ECF #32.) McCormack has now filed a Motion for Partial Summary Judgment (on liability only) as to Count I of the Amended Complaint (the "Motion"). (See ECF #40.) In Count I of the Amended Complaint, McCormack alleges that Defendants violated her rights under the Fourth Amendment to the United States Constitution. The Court held a hearing on the Motion on August 10, 2017.
For the reasons stated on the record at the August 10, 2017, hearing, IT IS HEREBY ORDERED that:
1. The Motion (ECF #40) is GRANTED with respect to the following Defendants:
• The City of Westland;
• The Wayne Westland Fire Association;
• Kelly Eggers;
• Brenn Dohring;
• Chris Szpara;
• Officer Abramski; and
• Tom Lutkenhoff.
2. The Motion (ECF #40) is DENIED with respect to the following Defendants:
• Tim Wilson
• Highland Landscape and Snowplowing;
• Jeff Speaks;
• Gage Speaks;
• Jose Vega; and
• Alfredo Vega.
IT IS SO ORDERED.
/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE Dated: August 10, 2017 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on August 10, 2017, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
(810) 341-9764