Opinion
23-cv-12225
07-02-2024
CARL TURNER, Plaintiff, v. RYAN CONNOR, et al., Defendant.
ORDER GRANTING IN PART AND DENYINGIN PART DEFENDANTS' MOTION TO DISMISS (ECF NO. 13.)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE.
On July 2, 2024, the Court held a hearing on Defendants' Motion to Dismiss in Lieu of Answer (ECF No. 13). For the reasons stated on the record, the motion is GRANTED IN PART AND DENIED IN PART as set forth below.
The motion is GRANTED with respect to the following claims in the Second Amended Complaint, and these claims are DISMISSED:
• Count I - Illegal Search and Seizure Article I,§11 of the Michigan Constitution of 1963 (against Defendants Messina and Haggard). (See Plaintiff's Sec. Amended Cmpl., ECF No. 12, PageID.208.)
• Count II - Right to Bear Arms, Article I, § 6 of the Michigan Constitution of 1963 (against all Defendants). (See id., PageID.209.)
• Count III - 42 U.S.C. § 1983, Violation of the Second Amendment to the United States Constitution (against all Defendants). (See id.)
• Count V - 42 U.S.C. § 1983, Violation of the Fifth and Fourteenth Amendment - Substantive Due Process (against all Defendants). (See id., PageID.212.)
• Count VI - 42 U.S.C. § 1983, Violation of the Fifth and Fourteenth Amendment - Procedural Due Process (against all Defendants). (See id., PageID.214.)
• Count VII - Intentional Infliction of Emotional Distress (against all Defendants). (See id., PageID.215.)
The motion is DENIED with respect the following claims:
• Count IV - 42 U.S.C. § 1983, Violation of the Fourth Amendment -Unreasonable Seizure (against Defendants Messina and Haggard). (See id., PageID.211.)
• Count VIII - Claim and Delivery (Replevin) MCL 600.2920 (against all Defendants). (See id., PageID.216-217.)
To the extent that this claim seeks return of property, it is moot. The portion of the claim seeking damages remains alive in the action.
IT IS SO ORDERED.