DOC 1 Filed 07/22/UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KWAME G. LEE, Plaintiff, V. Case No. Hon. ROY HARRIS, LYNN MOORE, WILLIAM MORRISON, JADE TANGUAY, and THE CITY OF DETROIT, a Municipal corporation, Jointly and Severally, Defendants. COMPLAINT AND DEMAND FOR JURY TRIAL NOW COMES Plaintiff, Kwame G. Lee, and for his Complaint states as follows: 1. Plaintiff, Kwame G. Lee is a resident of the City of South?eld, in' Oakland County, Michigan. 2. Defendant, Roy Harris, is a Detroit police of?cer working on the narcotics squad and residing in the City of Detroit, Michigan. 3. Defendant, Moore, is a Detroit police of?cer working on the narcotics squad and residing in the City of Detroit, Michigan. 4. I Defendant, William Morrison, is a Detroit police of?cer working on the narcotics squad and residing in the City of Detroit, Michigan. 5. Defendant, Jade Tanguay is a Detroit police of?cer working on the narcotics squad and residing in the City of Detroit, Michigan. 6. Defendant, The City of Detroit, is a Michigan municipal corporation located in Wayne County, Michigan which owns and operates a police agency, the City of Detroit Police Department, which acts under the color of state law. DOC 1 Filed 07/22/The jurisdiction of this Court is invoked pursuant to 28 U.S.C. ?1331 and ?1343. 8. Venue lies properly in this district pursuant to 28 U.S.C. ?1391(b). 9. At all times material hereto Defendants, Roy Harris, Moore, William Morrison and Jade Tanguary were employees of the City of Detroit and were acting in the course of their employment and under the color of state law as uniformed police of?cers. 10. On March 19, 2010 at approximately 8:50 pm, Plaintiff, Kwame Lee, Lee?) and four of his friends were heading south on the Lodge freeway in a motor vehicle and exited on Jefferson and pulled into Amori?s Liquor, a party store located at 1404 E. Jefferson in Detroit. 11. Mr. Lee and his friend, Terry Wheeler, went into the party store and purchased two beers and a Mike?s Hard Lemonade for Annie Weigum. (See receipt attached hereto as Exhibit 1) 12. Mr. Lee?s friend, Marcus, then asked for cigarettes. 13. Marcus and Mr. Lee then went into the store to purchase the cigarettes. (Exhibit 2) 14. At all times material hereto, Mr. Lee?s vehicle was parked in the private parking lot next to Amori?s Liquor. 15. As Mr. Lee walked out of the party store, he saw the four Defendant police of?cers talking to his friend Terry Wheeler. 16. Mr. Lee then asked his friend, Annie Weigum, what was happening. 17. At that point the police of?cers grabbed Mr. Lee and began wrestling him towards the car. 18. At that point Mr. Lee revealed that he had a concealed weapons permit. DOC 1 Filed 07/22/19. The four police of?cer Defendants then body slammed Mr. Lee against the back of his vehicle. 20. Mr. Lee was not resisting the police of?cers, but was asking them what they were doing and why they were doing it. 21. After slamming him against the trunk, the of?cers lifted Lee and threw him hard on the pointed window on the driver?s side back window of his vehicle which was left halfway up. 22. This assault bruised and gashed Mr. Lee and ripped his shirt and scratched his car. 23. The window on the driver?s side was rendered inoperable from the force of Mr. Lee being slammed against it by the four police of?cers. 24. Following this attack, the four Defendant police of?cers threw Mr. Lee to the ground head ?rst. 25. The four police of?cers then handcuffed Mr. Lee and three of his male friends and left them in handcuffs for approximately ?fteen minutes while they searched his car. 26. The four police of?cers were members of the narcotics squad and apparently they suspected Mr. Lee and his friends were in the possession of narcotic drugs. 27. After the four police of?cers had searched the car and had not found any drugs, they poured out the unopened bottle of Mike?s Lemonade and con?scated Mr. Lee?s two guns, even though he had a lawful permit for them. 28. When the four narcotics of?cers could not ?nd any drugs, they decided to charge Mr. Lee and three of the individuals with impeding traf?c upon a public street or highway. (Exhibit 3, Tickets) (Exhibit 4, MCL DOC 1 Filed 07/22/29. Mr. Lee and his friends were perplexed by receiving tickets for blocking traf?c on a public street or highway since Mr. Lee?s car was, at all times, located in a private parking lot and not a public road and there was no traf?c in the area to block or impede. 30. Once Mr. Lee?s case was brought to court for prosecution, it was summarily dismissed by the Court for lack of merit. (Exhibit 5) 31. Upon information and belief, all of the other cases for impeding traf?c were dismissed as well. 32. When Mr. Lee was body slammed against the back of his car, the pointed rear window on the driver?s side of his vehicle, and the cement parking lot, Mr. Lee suffered a number of damages, including the following: a. Conscious pain and suffering, including the following: i. Cuts and bruises on his arm and head. ii. Injuries to his testicles, including acute bilateral varicocoeles and an acute right hydrocoele. Bruised ribs. iv. Injury to his kidneys. v. Aggravation of a pre?existing periodontal condition, including the loosening of some of his teeth. vi. Blood in his urine. b. Emotional trauma and suffering. c. Fright and shock. d. Damage to his vehicle, including gashes and scratches and damage to the driver?s side rear window which would no longer operate after the incident. e. Medical expenses. f. Lost wages. g. Torn shirt. h. Loss of two guns which were improperly converted by the Defendants DOC 1 Filed 07/22/Deprivation of his civil rights. Count I. ?1983 Violation -Excessive Force Unlawful Arrest Police Of?cers 33. Plaintiff incorporates all of the allegations contained in this Complaint into Count 34. Defendants, Roy Harris, Moore, William Morrison and Jade Tanguay, used excessive force in arresting Kwame Lee in the following manner: a. Body slamming him against the trunk of his car; b. Collectively slamming him against the rear pointed window of his vehicle; c. Hurling him to the ground head ?rst; and d. Handcuf?ng him for a period of approximately ?fteen minutes. 35. Mr. Lee was eventually given a ticket for Impeding traf?c on a public road so "there was no reason to use such excessive force on him. 36. Mr. Lee at no time was a threat to the safety of the police of?cers since he disclosed he had a concealed weapon permit and did not at any time resist arrest. 37. By using excessive force in arresting Mr. Lee, the four police of?cers deprived Mr. Lee of his constitutionally protected substantive due process right to liberty. 38. The four police of?cers? actions were intentional and the action taken was for the purpose of causing physical harm, pain, suffering and emotional and trauma to Mr. Lee in violation of and in deliberate indifference of Mr. Lee?s substantive due process liberty right. 39. The four police of?cers unlawfully arrested Mr. Lee and violated his Fourth Amendment right to be free from unlawful search and seizure by arresting and searching him DOC 1 Filed 07/22/without any probable cause and by interfering signi?cantly with his liberty by keeping him handcuffed for a period of approximately ?fteen minutes. 40. The four police officers? actions violated 42 U.S.C. ?1983. 41. As a result of the Defendant Police Of?cers? use of excessive force and unlawful arrest, the Plaintiff suffered the following damages: a. Conscious pain and suffering, including the following: i. Cuts and bruises on his arm and head. ii. Injuries to his testicles, including acute bilateral varicocoeles and an acute right hydrocoele. Bruised ribs. iv. Injury to his kidneys. V. Aggravation of a pre?existing periodontal condition, including the loosening of some of his teeth. vi. Blood in his urine. b. Emotional trauma and suffering. e. Fright and shock. d. Damage to his vehicle, including gashes and scratches and damage to the driver?s side rear window which would no longer operate after the incident. e. Medical expenses. f. Lost wages. g. Torn shirt. h. Loss of two guns which were improperly converted by the Defendants. i. Deprivation of his civil rights. j. Punitive damages. k. Reasonable attorney fees and costs. 42. Under 42 U.S.C. ?1983 Plaintiff is entitled to damages, punitive damages, costs, interest and actual attorney fees pursuant to 28 U.S.C. ?1988. DOC 1 Filed 07/22/WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Judgment in favor of the Plaintiff against the individual police of?cers, Roy Harris, Moore, William MOrrison and Jade Tanguay, Jointly and Severally, in whatever amount Plaintiff is entitled, along with punitive damages, costs, interest and attorney fees pursuant to 28 U.S.C. ?1988. Count II. ?1983 Violation City of Detroit. 43. Plaintiff incorporates all of the allegations contained in this Complaint into Count II. 44. The City of Detroit has exhibited a deliberate indifference to Mr. Lee?s constitutionally protected substantive due process liberty interests and his right to be free from illegal search and seizure. 45. The City of Detroit?s deliberate indifference is demonstrated by the following conduct: a. The City of Detroit has failed to properly train its of?cers as to the nature and extent of force allowable in effectuating an arrest, and the amount of probable cause needed to arrest. b. The City of Detroit has failed to properly supervise its of?cers as to how to prevent the use of excessive force when effectuating an arrest and how to arrest only if there is probable cause for arrest. 0. The use of excess force by the City of Detroit Police Of?cers has become so common and prevalent that the United States Government has been forced to step in and monitor the police department with regard to excessive force claims. 46. The systematic failure to train and supervise police of?cers in the proper way to effectuate an arrest and the need for probable cause to arrest has turned into a policy or custom DOC 1 Filed 07/22/which was the moving force behind the excessive force used and lack of probable cause in arresting Mr. Lee for impeding traf?c on a public street. 47. As a result of the Defendant, City of Detroit?s deliberate indifference to Plaintiff?s civil rights and its policy and custom that led to the deprivation of those rights, the Plaintiff has suffered damages set forth as follows: a. Conscious pain and suffering, including the following: i. Cuts and bruises on his arm and head. ii. Injuries to his testicles, including acute bilateral varicocoeles and an acute right hydrocoele. Bruised ribs. iv. Injury to his kidneys. v. Aggravation of a pre?existing periodontal condition, including the loosening of some of his teeth. vi. Blood in his urine. b. Emotional trauma and suffering. c. Fright and shock. d. Damage to his vehicle, including gashes and scratches and damage to the driver?s side rear window which would no longer operate after the incident. e. Medical expenses. f. Lost wages. g. Torn shirt. h. Loss of two guns which were improperly converted by the Defendants. i. Deprivation of his civil rights. j. Punitive damages. k. Reasonable attorney fees and costs. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Judgment in favor of the Plaintiff against Defendant, The City of Detroit, in whatever amount Plaintiff is DOC 1 Filed 07/22/entitled, along with punitive damages, costs, interest and attorney fees pursuant to 28 U.S.C. ?1988. Count 111 Assault and Battery Force Police Officers and City of Detroit 48. Plaintiff incorporates all of the allegations contained in this Complaint into Count 111. 49. On March 19, 2010 Defendants, Roy Harris, Moore, William Morrison and Jade Tanguay committed assault and battery upon the Plaintiff in the following respects: a. They collectively picked up the Plaintiff and slammed him against the back of his automobile. b. They collectively grabbed him again and slammed him into a pointed window left halfway up on the car. 0. They picked him up and threw him to the ground head first. d. They handcuffed and left him handcuffed for a period of approximately fifteen minutes. 50. The actions set forth above, as well as other actions taken by the Defendants, amounted to an assault and battery of the Plaintiff. 51. The force used by the Defendants in arresting the Plaintiff for impeding traf?c on a public highway was clearly excessive. 52. Defendants, Roy Harris, Moore, William Morrison and Jade Tanguay took the above described actions while in the course of their employment as police of?cers for the City of Detroit. DOC 1 Filed 07/22/53. Since the four police of?cers were in the course of their employment, the City of Detroit is vicariously liable for their actions. 54. At no time was Mr. Lee a threat to the safety of the police of?cers. 55. At no time did Mr. Lee resist arrest or take any action that would cause the Defendants to beat and abuse him. I 56. As a proximate cause of the Defendants? assault and battery of the Plaintiff, Mr. Lee has suffered the following damages: a. Conscious pain and suffering, including the following: i. Cuts and bruises on his arm and head ii. Injuries to his testicles, including acute bilateral varicocoeles and an acute right hydrocoele. Bruised ribs. iv. Injury to his kidneys. v. Aggravation of a pre-existing periodontal condition, including the loosening of some of his teeth. vi. Blood in his urine. b. Emotional trauma and suffering. c. Fright and shock d. Damage to his vehicle, including gashes and scratches and damage to the driver?s side rear window which would no longer operate after the incident. e. Medical expenses. f. Lost wages. g. Torn shirt. h. Loss of two guns which were improperly converted by the Defendants. i. Deprivation of his civil rights. j. Punitive damages. k. Reasonable attorney fees and costs. 10 DOC 1 Filed 07/22/57. The Defendants had no legitimate reason to use this type of excessive force on the Mr. Lee when arresting him for the civil infraction of impeding traf?c on a public highway. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Judgment in favor of the Plaintiff against Defendants, Jointly and Severally, in whatever amount Plaintiff is entitled, along with costs, interest, exemplary damages and attorney fees. Count IV False Arrest and False Imprisonment Police Officers and City of Detroit 58. Plaintiff incorporates all of the allegations contained in this Complaint into Count IV. 59. On or about March 19, 2010 the Defendants Police Of?cers took the following actions which amounted to false arrest and false imprisonment: - a. They grabbed the Plaintiff and slammed him against the back of his car. b. They grabbed Plaintiff for a second time and slammed him into the pointed rear window of the driver?s side of his car, left halfway down. 0. They collectively took hold of the Plaintiff and threw him head ?rst to the concrete. d. They handcuffed the Plaintiff and left him handcuffed for a period of approximately ?fteen minutes. 60. The actions of the Defendants amounted to an unlawful restraint of the Plaintiff?s personal liberty. 61. The Defendants had no probable cause to arrest the Plaintiff or to falsely imprison him. 62. The individual Defendants took the above described actions with the intent of con?ning the Plaintiff. ll DOC 1 Filed 07/22/63. The individual Defendants? actions direct and indirectly resulted in the con?nement of the Plaintiff. 64. The Plaintiff was conscious of his con?nement and was very upset by it. 65. By taking the above actions, the Defendants falsely arrested and falsely imprisoned the Plaintiff. 66. The individual Defendants? actions constituting false arrest and false imprisonment of the Plaintiff were taken during the course of their employment as police of?cers for the Defendant, City of Detroit. 67. The City of Detroit is vicariously liable for the false arrest and false imprisonment of the Plaintiff. 68. As a result of the Defendants? false arrest and false imprisonment of the Plaintiff, the Plaintiff has suffered the following damages: a. Conscious pain and suffering, including the following: i. Cuts and bruises on his arm and head. ii. Injuries to his testicles, including acute bilateral varicocoeles and an acute right hydrocoele. Bruised ribs. iv. Injury to his kidneys. v. Aggravation of a pre-existing periodontal condition, including the loosening of some of his teeth. vi. Blood in his urine. b. Emotional trauma and suffering. c. Fright and shock. d. Damage to his vehicle, including gashes and scratches and damage to the driver?s side rear window which would no longer operate after the incident. e. Medical expenses. f. Lost wages. 12 DOC 1 Filed 07/22/Torn shirt. h. Loss of two guns which were improperly converted by the Defendants. i. Deprivation of his civil rights. j. Punitive damages. k. Reasonable attorney fees and costs. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Judgment in favor of the Plaintiff against Defendants, Jointly and Severally, in whatever amount Plaintiff is entitled, along with costs, interest, exemplary damages and attorney fees. Dated: July 21, 2010. Respectfully submitted. Hafeli Staran Hallahan Christ, P.C. s/Mark W. Hafeli 4190 Telegraph Road, Ste. 3000 Bloom?eld Hills, MI 48302-2082 (248) 731-6083 mhafeli@hshelaw.com (P28908) DEMAND FOR JURY TRIAL NOW COMES Plaintiff, Kwame G. Lee, by and through his attorney, Mark W. Hafeli, and hereby demands a trial by jUry of the above cause of action. Dated: July 21, 2010. 13 Respectfully submitted. Hafeli Staran Hallahan Christ, P.C. s/Mark W. Hafeli 4190 Telegraph Road, Ste. 3000 Bloomfield Hills, MI 48302?2082 (248) 731?3080 (P28908) DOC 1 Filed 07/22/EXHIBIT 1 LIQ Doc 1 Filed 07/22/THANK you REG 1. . 03:19?2010 21:33 -.1 (301 .wga~Mc #02 046910 1m$32 1 355% .1111 $1.BEER $2.99 1 BTL DEPOSIT $0.10 3 N0 - Tx1? ?$0.39 n. $7.26 CASH -$7.26 (500 :3 3: - 63; 35:3. 1. D-Q ?ghu =1 Esau yr -1 - cc: 313 259 5620 .1..9FT595T DOC 1 Filed 07/22/EXHIBIT DOC #1 Filed 07/22/Umgg fir?5% Ellig?' I - ?arr-IE}? .. 213 0 ?g ?rnlp LIQ -. . 313259 5620 . "1.14; THAEKXOU . f: . oa-?f?l??mo 21%3 - cm MC 1:112; 946903 1 016 - . 6.46 - .- T110 TX1 [$0.39 .1, 11;. - $6.85 DOC 1 Filed 07/22/EXHIBIT 3 TO THE COURT: Do not arralgn on afelony charge until an authorized complaint is tiled. -3 Offense Code(s) -1 2 3 - _Key for Civil Infraction Misd Misdemeanor Fel Felony Warn warning Fug Fugitive Waltr Violation for Which FInesiCosts May be Waived Authorization pend. Authorization pending .. Remarks: 3 .3 a 5.5. . . . . Mm. CHECK IF APPROPRIATE Damage to Property Local Court Bond 3r Vehicle Impounded Injury License Posted In Lieu of Bond Traffic Crash Death Appearance Certi?cate ts} Person In Actor Milit rySenrlce ?3 Court or DETROIT Court Address 3. Phone Number 421 MADISON 1' 3 DETROIT. MICHIGAN 48228 PHONE (313) 965-8700 Pfsenred a copy of the civil Infraction complaint upon the defendant (or cwnerloccupent by posting If applicable). declare under the penalties of pertury that the statements above are true to the best of my infannatlon. knowledge. and belief. Cemplainant's Signature and receipt if applicable 3. Inthe 35TH DISTRICT 8683 Month Day Year OffIcsr?s 3033: 333:3 Officer's Name (printed) Offense Codi-1(8) 1 2 3 Key forType: Cll=CivI lnfractIon MIsd= Misdemeanor Fat: 3 3 _Remarksmue {#343 Le:- E'irn?ri [rig-j . .Ixri. 3 . 3 333': 33.} 3 - Hie-'33 34: Laure-e. . - 3TEC3K IF I Damage to Property I Local Court Bond 3 Vehicle ImpoUnded I Injury I License Posted In Lieu of Bond Traf?cMt rash Death I Appearance-Certi?cate CI None 1' vjrh?r?'r??'3?5339E?335r,?3?? Cou? of DETROII 421 MADISON DETROIT. MICHIGAN 48226 PHONE (313) 965-6700 wed a copy of the Infraction complaint upon the defendant (or wnerioccupant by posting if applicable}. i ciare under the penalties of perjury that the statements above are true to the best L. . of my Infon'natlon, knowledge. arid beliei. 33er uremic-r Court Address it Phone Number Complainant's Signature andrecelpt If applicable Month Day Year 1-33; if '43. 4a?! In? .133 ?rif'w' 4Q: .33. "3 1,3 I (333131 om?er {heme (Ishmael! onegency 33333-3333Nem DETROIT POLICE DEPARTMENT Agency --cv 128891- 2.23m ti I113 4 34051 mi? 3 State of Michi?hl Ticket No P. 3a 33633 3037/ $3333 24 3313333 0' Involve: Gniform Law Citation - Involved US '"c'demNO- Dept No US Incident No. _Dep33t. No. . E- if? The People of. the State of Michle on Local UseiArrest No. Detection Device The People of: Dine State oiMichIa Loca? ?gamma? Belem?" Dem? we?? Dvmage CWW BAG 3 . KICily BAG 0F: DETROIT I i of 3 DETROIT I 13 of 3f THE UNDERSIGNED Month Day Year At approximately [jg Dixie Merritt Day Year .THE UNDERSIGNED Month Day' Year At approximately Ditto Month Day. SAYS THAT 0N: Birth. SAYS THAT on: ?gm Birth -. ivys as a t4dgi Driyet'License Nurriber 3 3 SS 33(l35I43d39'35I M..- CDL - ?3"?ch . 5' Race Sex Height Weight Hair Eyes occupationiEranoyer - Race Sex Weight Hair Eyes OccupationlEmptoyer {Marge Lestan}. . Anni. Eur-13?s: ?1 h, 3m. 1 Street 3 33 3 . - 5 7.33353! 1' - in; 3r" if: tx?it' 3t. . 5.3 State ZIeCode 3 Gig-3 .. E. State ZIpCode? g? at: $3.3 .. 31:3 a? 115133; V?h Description (Year. Mae Dolor)333 Vet?? Vehicle Plateitio 33. 333. 3? 3r? State Vehicle DescriptT?FtYear. ei?gioig?3-33 fanUtm?l?rdfnanc??euw Ef?m?i?hm?enat {fl-IE PERSON NAMEDABO _y I tion or I:I_Sle3te Lew Rule- . .3 UPON ATOR NEAR AT OR NEAR 3 WITHIN Icmr CI VILLAGE DTOWNSHIP OF DETROIT WITHIN .CITY CI VILLAGE OF DETROIT . COUNTY OF WAYNE . DID THE :i COUNTY OF WAYNE DID THE FOLLOWING MCL Code! - . . Chergi MCL CitelPAcc ed m, Charge Type Ordinance Description (Include any band emntcotlecteooneach charge) No Type Ordinance any bond amountcolieciedoneach charge) to; 1; 9" War" UAUIhD?zaf?m Pand- ?-fo a. f? ?f .- I. We?: {jag- 3 13' . 33;. Warn pend. 3 Fug ?1?th 3 :9 3333:- 3?33? 3" Ij-_4_ Fug .. - .. 1. if Fel _Wer 1:3 In; Ea! {rim-rm] .. ca menu re: . c. .. ._Wem - - i113 on Warn .IjAutnonzatIon pend. g; i" =Ml?d Fug 5 i FLr?g 2 'f Fel :Waitr Fei Walv ='iill'arn DAuthorizetlon pend. I3 CWarn pend. Misd Fug Misd Fug 3 Fe' t. Fei Waiv- TO THE COURT: _Do not ensign on a felony charge until an authorized complaint is ?led. i f. Felony Wern= Warning Fug Waly= -Violation for Which FinesiCosts May be Waived Authorization pend. Authorization pending DOC 1 Filed 07/22/EXHIBIT 4 .1 Gftla 1353636113 Filed 07/22/21Page 1 0f? Research Switch Client I Preferences I Sign Out ?Elicia Research Tasksli}, 369i a LitigatoraE?Transactionai Advisorgmunsel Selectora 0083'? Histoxv Terms Search ?Elf Service: Get by TOO: Michigan Slalgies Annotated i . .r 257.6?6b. Blocking traffic; exemption; violation, civil infraction. Citation: Mich. Comp. Laws 257.6763 - MCLS 257.676b triev at Le Ia ive Im MICHIGAN COMPILED LAWS SERVICE Copyright 2010 Matthew Bender 8: Company, Inc. a member of the LexlsNexis Group. All rights reserved. THIS DOCUMENT IS CURRENT THROUGH P.A. 89 OF THE 2010 LEGISLATIVE SESSION CHAPTER 257 MOTOR VEHICLES MOTOR VEHICLE CODE CHAPTER VI. MISCELLANEOUS RULES Go to the Michi an Archive Dire or MCLS 257.676b (2010) MCL 257.675b 257.676b. Blocking traf?c; exemption; violation, civil infraction. Sec. 676b. (1) A person, without authority, shall not biock, obstruct, impede, or otherwise Interfere with the normal flow of vehicular or pedestrian traffic upon a public street or highway in this state, by means of a barricade, object, or device, or with his or her person. This section shall not apply to persons maintaining, rearranging, or constructing public utility facilities in or adjacent to a street or highway. . (2) A person who violates this section Is responsible for a civil Infraction. HISTORY: Act 300, 1949, 515; eff September 23, 1949. Pub Acts 1949, No. 300, Ch. VI, 676b, as added by Pub Acts 1968, No. 151, eff November 15, 1968; amended by Pub Acts 1978, No. 510, eff March 30, 1979, by 4 eff August 1, 1979. NOTES: Editor's notes: Pub Acts 1978, No. 510, 3, eff March 30, 1979, by 4 eff August 1, 1979, provides: "Section 3. Section 4a of chapter 1 of the Revised Statutes of 1846, being ?.4a of the Michigan Comp 1,42,; ,iws applies to violations of Act No. 300 of the Public Acts of 1949, as amended, being sections 252,1 to 257.923 gf the Michigan Laws, or local ordinance substantially corresponding thereto, which occurred before the effective date of this amendatory act and which would otherwise be designated as civil infractions upon the effective date of this amendatory act." Michigan Digest references: Au 0 iles a otor 406 Negligence 53 Of?c and lie Em I 70 LEXIS Publishing Michigan analytical references: Ichi an wand Pr ice State 1 4 ALR notes: Estoppel of municipaiity as to encroachments upon public streets, 44 257. Research references: 39 Am 2g, Highways, Streets, and Bridges 273 et seq Service: Get by TOC: Michigan ?i?tuies Annoiglgd i . . . RULES 257.676b. Blocking traffic; exemption; violation, civil infraction. Cilalion: Mich. Comp. Laws 257.6738 View: Full DaieiTime: Wednesday. June 16, 2010 - 3:04 PM EDT 50d3536aa684fbdb87f9&csvc. .. 6/16/2010 Getia Filed 07/22/22Page 2 0? MzLexggm Se?rch Be ??argh Tasks ?g1gD 1 Asle? r CrounsngeIego WI a e, IW 2010 LexlsNexIs, a dIvislon of Reed Elsevler Inc. All rights reserved. Scd3536aa684fbdb87f9&csvc. .. 6/16/2010 Doc_# 1 Filed 07/22/EXHIBIT 5 DOC 1 Filed 07/22/TATE OF MICHIGAN 36TH JUDICIAL DISTRICT COURT Ct ?7 TEE PEOPLE OF MW Case ij/Og// Hon. E. Lynise Bryant-Weekes 320ml h?zz/j/ Def?ndant ORDER OF DISMISSAL At a session of said Court held in the 36?'1 Judicial District Court for the County of Wayne, State of Michigan, on JUN 4 28m ,2010 Present: Han DISTRICT COURT JUDGE hereby . IT IS ORDERED THAT the above captioned case is Em? JUN II 3 23m Motiun oi Deiandirit #35; Judge E. Lynis'ta ..