Ann Arbor to Court: Toss Suit Against Police

The city of Ann Arbor has responded to a federal lawsuit filed earlier this year with a motion to dismiss the suit against the city and three of its police detectives. The lawsuit was filed on May 19, 2014, but not served until July 17.

The complaint was filed by Joseph Bailey against the city of Ann Arbor and three Ann Arbor police detectives – Christopher Fitzpatrick, William Stanford, and Michael Dortch – in connection with Bailey’s arrest for armed robbery of the Broadway Party Store. Bailey’s complaint alleges that the detectives subjected Bailey to excessive force and caused his false imprisonment. Bailey was not prosecuted for the robbery, but eventually pled guilty to resisting arrest.

The city’s motion to dismiss contends that the complaint fails to state a claim upon which relief has been granted, and argues that the facts adduced in the complaint are actually conclusions – rather than facts that would support a plausible claim under the legal theories pled in the complaint.

The city’s response with a motion to dismiss was filed with the court on Aug. 7. [.pdf of Aug. 7, 2014 motion to dismiss] [.pdf of May 19, 2014 complaint]