Michael J. Guss And Anne V. Mcardle Win Summary Judgment In The U.S. District Court For The Eastern District Of Michigan, Pursuant To A 27 Page Written Opinion And Order Of The Hon. Laurie J. Michelson
McLeod v City of Flint, David Bender, Marcus Mahan, et al – U.S. District Court, Eastern District of Michigan, Case No. 13—CV—1287. The plaintiff, Curtis McLeod, was one of two suspects arrested in Flint after Officer David Bender observed two individuals wearing t-shirts covering their faces, appearing to be involved with criminal mischief, and who ran as soon as they observed police. Officer Bender gave chase and called for back-up, and two suspects, including Mr. McLeod, were eventually arrested. It was discovered during this time frame that a murder and robbery had been committed in the apartment where the two suspects were originally observed. One of the two suspects was later found guilty of the murder, having tested positive for gun powder residue on his hands. Mr. McLeod was held in jail for 18 months on charges of murder and robbery, but he was later released from jail for lack of evidence linking him to the crimes. Plaintiff sued Officer David Bender, Lieutenant Marcus Mahan, who investigated the murder, the City of Flint, and the Genesee County Prosecutor’s Office. The City of Flint and the Prosecutor’s Office, through separate legal counsel, were dismissed from the case. Michael J. Guss and Anne V. McArdle, representing Officer Bender and Lieutenant Mahan, filed a Motion for Summary Judgment asserting that there was a reasonable belief of probable cause for the arrest and detainment of Mr. McLeod, and that qualified governmental immunity applied. The District Court agreed, explaining that there was at least “arguable probable cause to arrest and detain McLeod”, and the dismissal of plaintiff’s allegations of false imprisonment and violations of 42 USC § 1983 was ordered.