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ROSEMARY WHITE; MI-CHOL WHITE,
Plaintiffs-Appellants,
v.
CITY OF DETROIT, MICHIGAN; SHIRLENE T. CHERRY,
Detroit Police Officer,
Defendants-Appellees. |
No. 21-1746 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:20-cv-12646—Mark A. Goldsmith, District Judge.
Decided and Filed: June 17, 2022
Before: SUTTON, Chief Judge; KETHLEDGE and READLER, Circuit Judges.
_________________________
OPINION
_________________________
SUTTON, Chief Judge. In the course of a law enforcement encounter involving two
individuals—an officer and a fleeing suspect—two dogs became the victims. Searching for a
gun discarded by the suspect in a chase through a neighborhood, an officer used a trained dog,
Roky, to find the gun. As they walked along a fence surrounding a yard, another dog, a pit bull
named Chino, lurched through the fence, bit Roky, and would not release him. After a struggle
and plenty of yelling and yelping, the officer shot and killed Chino. A federal constitutional
claim came next. Lamentable though the incident was for dog and owner, no constitutional
violation occurred. We affirm the district court’s grant of summary judgment in favor of the
officer and the City of Detroit. |
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REFORM AMERICA; MARK HARRINGTON,
Plaintiffs-Appellants,
v.
CITY OF DETROIT, MICHIGAN; DARIN SZILAGY,
individually and in his official capacity as a Police
Commander, City of Detroit Police Department; KURT
WORBOYS, individually and in his official capacity as
a Police Captain, City of Detroit Police Department;
RONALD LACH, individually and in his official
capacity as a police officer, City of Detroit Police
Department,
Defendants-Appellees. |
No. 21-1552 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:19-cv-12728—Laurie J. Michelson, District Judge.
Argued: March 10, 2022
Decided and Filed: June 17, 2022
Before: McKEAGUE, STRANCH, and BUSH, Circuit Judges.
_________________________
OPINION
_________________________
JOHN K. BUSH, Circuit Judge. Reform America, a nonprofit corporation that does
business as Created Equal, is an organization that engages in anti-abortion protests. To that end,
the group and its founder, Mark Harrington, sought to demonstrate at the Democratic Party’s
presidential-primary debates in Detroit, Michigan, in the summer of 2019. In response to security
concerns, however, the Detroit Police Department (“DPD”) imposed and enforced several
measures that impeded the group’s speech. A “restricted area” blocked access to the debate
venue’s immediate vicinity. Protestors were divided into “right-leaning” and “left-leaning”
camps and were barred from commingling. And Harrington himself was even briefly detained
after a confrontation with police.
Fed up with the speech restrictions, Harrington and his group eventually abandoned the
site for good. They also filed a federal complaint alleging violations of the First and Fourth
Amendments and the Equal Protection Clause of the Fourteenth Amendment. But the district
court granted summary judgment to defendants—the City of Detroit and three individual
officers—reasoning that no constitutional violations occurred. Likewise discerning no violations,
we affirm. |
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