Legal Opinion

Baker v. Smiscik

District Court, E.D. Michigan

Decided September 24, 2014No. Case No. 13-CV-13657PublishedCited by 12 opinions

1Opinion of the Court

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS (Dkt. 16)

MARK A. GOLDSMITH, District Judge.

I. INTRODUCTION

In this civil rights case, Plaintiff James Baker alleges that, during an encounter with police officers employed by the City of Southfield, Michigan, his rights under the Second and Fourth Amendments to the U.S. Constitution and under state law were violated. The matter before the Court is a motion for judgment on the pleadings filed by all Defendants—Officers Nicolas Smiscik, Nick Cazan, Paul Hart, and Devlin Williams, Sergeant Tim…

2Cases cited25 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Pearson v. CallahanSupreme Court of the United States · 2009
  3. United States v. SokolowSupreme Court of the United States · 1989
  4. Mincey v. ArizonaSupreme Court of the United States · 1978
  5. District of Columbia v. HellerSupreme Court of the United States · 2008

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3Cited by12 opinions

  1. Gohl ex rel. J.G. v. Livonia Public SchoolsDistrict Court, E.D. Michigan · 2015
  2. Chesney v. City of JacksonDistrict Court, E.D. Michigan · 2016
  3. Deffert v. MoeDistrict Court, W.D. Michigan · 2015
  4. Holmes v. American Postal Workers Union, Chicago Local, AFL-CIODistrict Court, N.D. Illinois · 2023
  5. Homer Powell, et al. v. American Strategic Insurance Corp.District Court, W.D. Kentucky · 2025

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