Greg Grant of the Traverse City office recently obtained a no cause of action verdict in an excessive force trial in federal court.  Mr. Grant represented four corrections officers whom the plaintiff alleged used excessive force against him while he was inmate in a Michigan county jail.  Specifically, the plaintiff claimed that he was maced twice and tasered twice while locked in his cell. The evidence at trial demonstrated that […]

The “freedom of speech” protected by the First Amendment encompasses both actual speech and expressive conduct.  R.A.V. v. City of St. Paul, Minn. (S.Ct. 1992).  Embodied within the concept of “free speech” is recognition that advocates of unpopular views must be protected, even though their speech may provoke anger in persons who hear it.  Terminiello v. City of Chicago (S.Ct. 1949).  When a speaker passes the bounds of mere argument […]

Elizabeth Rae-O’Donnell and Sue Bartos, both attorneys in our Livonia office, recently gave a presentation to police chiefs on Garrity Protection.  The Garrity principle is an important tool to provide officers the necessary protection while still enabling departments to conduct thorough and complete internal investigations. In Garrity v. New Jersey, the Supreme Court held that officers are not required to sacrifice their right against self-incrimination in order to retain their […]

Jim Acho, Doug Curlew and Jennifer Richards, all attorneys in our Livonia office, co-wrote an article highlighting two recent cases that impact law enforcement agencies. The article was published in the Michigan Association of Chiefs of Police’s publication Michigan Police Chiefs. The article, “Unfavorable Outcome Affects Law Enforcement” summarizes two recent cases from the United States Court of Appeals for the Sixth Circuit that resulted in rulings against law enforcement […]

As a new year is upon us, we reflect back on 2015 and the successful year we had at CMDA. We recognized a monumental milestone, hired several attorneys, and celebrated some remarkable anniversaries. CMDA was honored to have celebrated our 50th Anniversary in 2015. This monumental anniversary would not have been possible without Owen Cummings, the founder of the Firm.  Mr. Cummings had a vision of developing a Firm whose […]

We are pleased to announce that Jennifer A. Richards has joined our Firm as an attorney in our Livonia office. She focuses her practice on municipal law, insurance defense, law enforcement defense, and litigation and appeals. Ms. Richards writes briefs for submission to all levels of state and federal courts, arguing cases in all levels of state and federal courts of appeals, and performing research for all areas of law […]

Under the American legal system, there is no realm of human activity that fails to spawn litigation. The financial cost of a potential judgment is easily recognized. Less understood is the cost of time, energy, and resources (financial and human) of the litigation process itself. Even the defendant who avoids judgment by “winning” his case will still have expended resources that the law generally affords no avenue to recover. The […]

Attorney Kali Lester recently received a dismissal in Federal Court where the plaintiff alleged a local police department had an unconstitutional policy for mental health commitments. The policy permits officers to rely on statements from witnesses to evaluate an individual’s mental condition. The plaintiff argued that Michigan’s Mental Health Code requires officers to personally observe the individual exhibiting dangerous behavior before seizing the individual for the purpose of a mental […]

Whether you use it or not, we all know the impact that social media has had on today’s society. What you may not know is how police have been using social media to perform their job. Police departments across the country have been turning to social media, including Twitter, Facebook, and Instagram, to improve their reputation within communities, apprehend fugitives, and even investigate criminal acts. However, some use of social […]

Recent decisions issued by the U.S. Supreme Court and the U.S. Sixth Circuit Court of Appeals have clarified the law regarding the force police officers may use to stop a person attempting to flee from police by driving away in a motor vehicle. The Supreme Court had previously established in Tennessee v. Garner (1985) that officers can apply potentially deadly force to stop a fleeing suspect if the officer has […]