EBI-Detroit, Inc. v. City of Detroit

BOGGS, Chief Judge.

Construction contractor EBI-Detroit appeals the district court’s grant of summary judgment in favor of the City of Detroit, the Detroit Water and Sewer Department (“DWSD”), Gary Fujita and Victor Mercado, two directors of DW SD, and Detroit’s mayor, Kwame Kilpatrick. EBI claims that the defendants breached a contract and committed various intentional torts when they rejected EBI’s bid on a DWSD project. The threshold question in this case is whether federal jurisdiction exists. We conclude that it does. EBI’s allegation that Kilpatrick acted outside the powers granted to…