EHSAN MOHAMAD OUZA v. CITY OF DEARBORN HEIGHTS, MICHIGAN; JORDAN DOTTOR; GENE DERWICK, EHSAN MOHAMAD OUZA v. CITY OF DEARBORN HEIGHTS, MICHIGAN; JORDAN DOTTOR - Articles

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EHSAN MOHAMAD OUZA v. CITY OF DEARBORN HEIGHTS, MICHIGAN; JORDAN DOTTOR; GENE DERWICK, EHSAN MOHAMAD OUZA v. CITY OF DEARBORN HEIGHTS, MICHIGAN; JORDAN DOTTOR

Posted by: Karen Belcher on Aug 5, 2020

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Jennifer A. Richards, CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C., Livonia, Michigan, for City of Dearborn Heights, Michigan parties.

Attorneys 2: ARGUED: Shawn C. Cabot, CHRISTOPHER TRAINOR & ASSOCIATES, White Lake, Michigan, for Ehsan Ouza.

Attorneys 3: ON BRIEF: Jennifer A. Richards, Jeffrey R. Clark, Douglas J. Curlew, CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C., Livonia, Michigan, for City of Dearborn Heights, Michigan parties.

Attorneys 4: ON BRIEF: Christopher J. Trainor, Amy J. DeRouin, CHRISTOPHER TRAINOR & ASSOCIATES, White Lake, Michigan, for Ehsan Ouza.

Judge(s): MERRITT, CLAY, and GRIFFIN, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

CLAY, Circuit Judge. In this 42 U.S.C. § 1983 action arising from a domestic disturbance incident, the parties appeal and cross-appeal multiple rulings of the district court. In Case No. 19-1191, Defendant Officers Gene Derwick and Jordan Dottor interlocutorily appeal the district court’s denial of their motion for summary judgment on qualified immunity grounds with regard to Plaintiff’s excessive force claim. They also appeal the district court’s ruling that they spoiled relevant evidence. In Case No. 19-1211, Plaintiff Ehsan Ouza appeals the district court’s ruling that she cannot rely on evidence of her carpal tunnel diagnosis to demonstrate injury from Defendants’ alleged excessive force, and she appeals the district court’s failure to sanction Defendants for spoiling evidence by adopting an adverse inference against them. In Case No. 19-1393, Plaintiff appeals the district court’s grant of summary judgment in favor of Defendant Dottor on qualified immunity grounds with regard to her false arrest claims and the district court’s grant of summary judgment in favor of Defendant City of Dearborn Heights on her municipal liability claim. For the reasons that follow, we affirm in part and reverse in part the district court’s order, and remand the case for further proceedings consistent with this opinion.

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