Appeal from the United States District Court
for the Eastern District of Michigan at Bay City.
No. 1:17-cv-13174—Thomas L. Ludington, District Judge.
Decided and Filed: November 13, 2020
Before: MOORE, SUTTON, and WHITE, Circuit Judges.
HELENE N. WHITE, Circuit Judge. In the early hours of Saturday, May 6, 2017, a
gunfight broke out in front of Plaintiff-Appellee Rita Johnson’s restaurant in Saginaw, Michigan.
At the time, Johnson was renting out the space for a large birthday party. An initial police
investigation concluded that a gang-related fight began inside Johnson’s building and then
moved into the street. Later that day, Defendant-Appellant John Stemple directed Defendant-Appellant Jason Cabello to suspend water service to Johnson’s building in an effort to prevent
her from hosting further events. Johnson later filed this lawsuit, alleging Defendants violated her
procedural and substantive due process rights by shutting off her water without notice and a
hearing and without a rational basis. The parties filed cross-motions for summary judgment.
The district court denied qualified immunity to Cabello and Stemple and granted Johnson’s
summary judgment motion as to them.1 Cabello and Stemple appeal. We affirm in part, reverse
in part, and remand for further proceedings.