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Citizens Take Detroit City Police to Court Over Unlawful Arrests

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Case ID: 2573 | Civil Rights | 09/01/2004

Two class actions have been filed against the City of Detroit on behalf of persons who allege that they were arrested unlawfully in police murder investigations in violation of their civil rights. The actions seek unspecified compensatory and punitive damages.

The actions allege that any time the police investigated a murder, they would routinely place under arrest any potential witnesses, sometimes keeping them in jail for days without formally charging them. The practice has now been abandoned-- under a June 2003 agreement with the federal government that ended a 30-month investigation of police practices, material witnesses can now be jailed only if investigators obtain a court order.

More than 100 people have sued privately, claiming their civil rights were violated under the policy. As of July 2003, the city had paid approximately $3.4 million to settle some of those private actions. The two class actions are not a part of those settlements.

The private actions originated with the case of Janetta Toles, who was detained for four days while investigators allegedly asked her about a deadly 1997 drive-by shooting. Though she won her case and was awarded $300,000 by a jury, she settled with the city for $200,000 to avoid an appeal of the action. During that trial, investigators testified they knew they were violating her rights by holding her. They also said the homicide squad routinely detained witnesses.


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