Professional Documents
Culture Documents
Lawsuit
Lawsuit
v. Honorable
Defendants.
_____________________________________________/
GEOFFREY N. FIEGER (P30441)
GARY N. FELTY, Jr. (P55554)
Fieger, Fieger, Kenney, & Harrington P.C.
Attorneys for Plaintiff
19390 West Ten Mile Road
Southfield, MI 48075
(248) 355-5555 / Fax: (248) 355-5148
[email protected]
____________________________________________/
Plaintiffs, DAVID JAREL BIVINS and HILLARY ROSS, by and through their
attorneys, FIEGER, FIEGER, KENNEY, & HARRINGTON, P.C., states as follows for their
1. This lawsuit arises out of the wrongful detention, the brutal use of force against,
and the unlawful arrest of David Jarel Bivins by Defendant, Meijer, Inc., through its agents and
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employees who are all individually responsible for their actions, that occurred at the Meijer store
located at Eight Mile Rd. and Woodward Ave., in the City of Detroit, Wayne County, Michigan
on October 8, 2017.
2. At all times relevant to this litigation, Plaintiff, DAVID JAREL BIVINS, was a
3. At all times relevant to this litigation, Plaintiff, HILLARY ROSS, was a resident
4. At all times relevant to this litigation, Defendant, MEIJER, INC., was a domestic
for-profit corporation, with its corporate offices located in the City of Grand Rapids, Kent
County, Michigan that was transacting business in Wayne County, Michigan at all times that are
material.
5. At all times relevant to this litigation, Defendant, LONNIE WADE, was an off-
duty Detroit Police Officer, who was employed by Defendant, MEIJER, INC., as a security
guard, who was permitted to wear his Detroit Police Uniform pursuant to the City of Detroits
6. At all times relevant to this litigation, Defendant, LONNIE WADE, was an agent
7. At all times relevant to this litigation, Defendant, LONNIE WADE, was acting
within the course and scope of his employment as a security guard paid by Defendant, MEIJER,
INC.
SECURITY GUARD and JOHN and JANE ROE MEIJER SECURITY GUARDS, were
agents and / or employees of Defendant, MEIJER, INC., who were paid to provide asset
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protection and / or security services.
SECURITY GUARD and JOHN and JANE ROE MEIJER SECURITY GUARDS, were
acting within the course and scope of their employment with Defendant, MEIJER, INC. as
security guards.
10. At all times relevant to this litigation, Defendant, T. TABB, was an off-duty
Detroit Police Officer, who was employed by Defendant, MEIJER, INC., as a security guard,
who was permitted to wear her Detroit Police Uniform pursuant to the City of Detroits
11. At all times relevant to this litigation, Defendant, T. TABB, was an agent and / or
12. At all times relevant to this litigation, Defendant, T. TABB, was acting within the
course and scope of her employment as a security guard paid by Defendant, MEIJER, INC.
13. Upon information and belief, Defendant LONNIE WADE, resides in Wayne
County and / or was at all material times engaged in employment in Wayne County.
14. Upon information and belief, Defendant T. TABB, resides in Wayne County and /
15. Upon information and belief, Defendants, JOHN DOE MEIJER SECURITY
GUARD and JOHN and JANE ROE MEIJER SECURITY GUARDS, resided in Wayne
County and / or were at all material times engaged in employment in Wayne County.
16. All transactions and occurrences giving rise to this lawsuit occurred in Wayne
County.
17. Defendant, MEIJER, INC., is a merchant that is liable for the actions of its
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security guards, security agents and security employees, including Defendants, LONNIE WADE,
JOHN DOE MEIJER SECURITY GUARD, JOHN AND JANE ROE SECURITY
GUARDS, and T. TABB, who were acting within the scope of their agency or employment for a
merchant as security personnel, doing the type of work that Defendant MEIJER, INC., knew or
reasonably expected would include the use of force against patrons, the potential detention of
patrons, the potential arrest of patrons, and the possible prosecution of patrons.
18. The amount in controversy greatly exceeds the jurisdictional threshold for this
FACTUAL ALLEGATIONS
19. Plaintiffs hereby reincorporate each and every allegation contained in Paragraphs 1
20. Plaintiff, DAVID JAREL BIVINS, was out shopping with his fiance, Plaintiff
HILLARY ROSS, at the Meijer store located near Eight Mile and Woodward, in the City of
21. The fanfare of this Meijer store may be recalled as the date of the invitation-only,
22. Defendant MEIJER, INC., was lauded for opening a store that would serve and
embody the spirit of the inner city and would employ 550 Detroit residents.
23. Behind the scenes, the Gateway Marketplace, for which the Meijer store is the
anchor, was built directly across the street from Oakland County, upon the foundation of
Michigan Brownfield Redevelopment tax credits and United States Department of Treasury New
24. Exactly how Defendant MEIJER, INC., has chosen to serve and embody
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Detroits spirit was demonstrated in the early evening hours of October 8, 2017 when its agents
employed their institutional bias by wrongfully detaining and falsely accusing two young African-
American Detroit residents of retail fraud and savagely beating one of them.
25. The wrongful acts alleged occurred on Plaintiffs first date night following the
2017, were off-duty police officers, including but not limited to Defendant LONNIE WADE.
27. Upon information and belief, Defendant T. TABB was also an off-duty Detroit
Police Officer who was, at all material times, employed by Defendant, MEIJER, INC.
28. Plaintiffs completed their shopping and paid for all of their items.
29. Plaintiffs goods were bagged by Defendant MEIJER, INC.s employees, and, in
31. To leave the store, plaintiffs were required to pass a security station that was being
monitored by Defendant, LONNIE WADE, who was in the company of Defendant, JOHN DOE
32. Plaintiffs passed the security station and moved through one set of exit doors into
the Meijer vestibule, where Plaintiff HILLARY ROSS paused to use the restroom, recognizing
33. Plaintiff DAVID JAREL BIVINS, stood next to the shopping cart that the couple
was using, waiting for his fiance to return so that they could catch the bus home. As he waited,
he began to arrange the wares that had been purchased in preparation for the return route.
34. While Plaintiff DAVID JAREL BIVINS was arranging the items that had been
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properly purchased, Defendant LONNIE WADE approached Mr. Bivins with Defendant JOHN
DOE MEIJER SECURITY GUARD close by his side, and demanded that Plaintiff DAVID
JAREL BIVINS produce a receipt for the items, against his will.
35. Neither Defendant LONNIE WADE nor any security personnel were privileged to
detain plaintiffs.
36. There existed no reasonable suspicion or probable cause to believe that plaintiffs
had done anything wrong; furthermore, all defendants lacked the legal authority to detain to
investigate.
37. Plaintiff DAVID JAREL BIVINS, did not believe that he was free to leave the
store nor would the ordinary customer; because Defendant LONNIE WADE, wearing a Detroit
Police Uniform, blocked his path of exit, placed his hands upon Mr. Bivins property, grasped the
shopping cart holding plaintiffs goods and otherwise directly or indirectly restricted Plaintiff
39. As Plaintiff DAVID JAREL BIVINS looked through the cart for his receipt,
Defendant WADEs aggressive posture rapidly escalated as he addressed Mr. Bivins with a
40. Mr. Bivins attempted to explain that he could not locate the receipt and that he
believed that Plaintiff HILLARY ROSS had taken it with her into the ladies room.
41. Plaintiff, HILLARY ROSS returned from the ladies room and produced the
receipt to Defendant LONNIE WADE and Defendant JOHN DOE MEIJER SECURITY
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GUARD.
42. Offended that she and her fiance had been falsely accused of stealing and that
they had been wrongfully detained by Defendant MEIJER INC. without any factual basis,
43. Plaintiff HILLARY ROSS, overcome with embarrassment over the ordeal,
returned the items to the register and received a total refund because nothing was stolen and
defendants had no reasonable belief that any theft or attempted theft had occurred.
44. Defendant LONNIE WADE was not done with Mr. Bivins.
45. Defendant LONNIE WADE continued to detain Mr. Bivins without cause,
standing between the exit and Mr. Bivins and the shopping cart, all while Plaintiff HILLARY
and restricted Plaintiff DAVID JAREL BIVINS movement by placing his hands upon the
shopping cart to prevent it from being moved and to prevent Mr. Bivins from leaving the store, all
47. No defendant had reasonable cause to believe that Plaintiffs had stolen anything.
48. Defendants were not privileged to detain shoppers such as Plaintiffs DAVID
49. When Plaintiff DAVID JAREL BIVINS asked Defendant LONNIE WADE to
leave him alone and let him go, Defendant LONNIE WADE responded to words with force: he
pushed Mr. Bivins shopping cart out of his own way so that he could lay his hands upon Mr.
50. Defendant LONNIE WADE grabbed and struck Plaintiff DAVID JAREL
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BIVINS about the upper body, chest, neck and collar.
51. Plaintiff DAVID JAREL BIVINS was alarmed and terrified by Defendant
52. Despite his right to use physical force to defend himself, Plaintiff DAVID JAREL
BIVINS response to Defendant LONNIE WADEs acts of aggression was flight rather than
fight: he attempted passively and with words and reason to get away from the angry security
53. Defendant LONNIE WADE would not let the matter end.
55. As Plaintiff DAVID JAREL BIVINS pleaded with Defendant Wade to let him go,
backing away in an effort to free the grasp of the aggressor, Defendant LONNIE WADE
56. Defendant LONNIE WADE assaulted and battered Plaintiff DAVID JAREL
BIVINS by striking him with a baton in the head, face, legs, arms, and torso at least 7 or 8 times
57. Defendant LONNIE WADE, struck Plaintiff DAVID JAREL BIVINS in the legs
and ankles with his baton and threw him to the ground.
59. Plaintiff was able to get off the ground; however, Defendant LONNIE WADE
continued to unlawfully restrain and tug on him as Plaintiff DAVID JAREL BIVINS tried to
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60. Instead of allowing Plaintiff DAVID JAREL BIVINS his freedom of movement,
Defendant LONNIE WADE continued to viciously attack Mr. Bivins with his baton all about the
61. The attack of Defendant LONNIE WADE upon Plaintiff DAVID JAREL
BIVINS culminated with a final head and facial blow, one that smashed Plaintiff DAVID
62. Defendant LONNIE WADE, unlawfully struck plaintiff numerous times with his
baton, forcefully striking plaintiff in the arms, legs, torso, lower body, head, neck, face and other
parts of Plaintiff DAVID JAREL BIVINS body, causing injuries, known and yet to be
determined, and damages that include but are not limited to:
a. Multiple contusions;
d. Fractured jaw;
g. Back injury;
h. Neck injury;
i. Head injury;
j. Headaches;
l. Unlawful detention;
m. False arrest;
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n. False imprisonment;
o. Humiliation;
p. Slander;
q. Libel;
r. Embarrassment;
u. Mortification;
y. Medical expenses;
z. Dental expenses;
bb. Other incidental and compensatory expenses that are yet to be determined;
64. Defendant LONNIE WADE then laid false criminal charges upon Plaintiff
DAVID JAREL BIVINS and unlawfully arrested him with the assistance, acquiescence, and
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65. Defendant LONNIE WADE, did all of the foregoing with the aid, assistance, and
approval of the remaining individual defendants, who stood by and did nothing, all in violation of
their contractual and common law duties of ordinary care to intervene, by, at minimum, calling
authorities to stop the criminal attack that was being perpetrated by Defendant LONNIE WADE.
66. The individual defendants then caused Plaintiff, DAVID JAREL BIVINS to be
maliciously prosecuted to cover up the unlawful accusation advanced by all defendants that
67. The illegal and unconscionable acts of all defendants resulted in Plaintiff DAVID
JAREL BIVINS being maliciously charged and unlawfully incarcerated for approximately two
days for which he incurred legal expenses to obtain a writ of habeas corpus for his release because
COUNT I
FALSE ARREST
68. Plaintiffs hereby reincorporate each and every allegation contained in Paragraphs 1
69. Defendant, MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, for
vexation or trouble or with malice, caused or procured Plaintiffs DAVID JAREL BIVINS and
HILLARY ROSS, to be arrested, attached, and proceeded against and are all liable pursuant to
MCL 600.2907 for compensatory damages, exemplary damages, punitive damages, and treble
damages.
70. Defendant, MEIJER, INC., through its agents and / or employees, Defendant
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LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, unlawfully
took, seized, and detained Plaintiffs DAVID JAREL BIVINS and HILLARY ROSS, by
touching or putting their hands upon plaintiffs and engaging in acts and behavior indicating their
intent to take them into custody and by subjecting them to the actual control and will of the
Defendants.
71. The taking, seizure, and detention of Plaintiffs DAVID JAREL BIVINS and
HILLARY ROSS by Defendant, MEIJER, INC., through its agents and / or employees,
Defendant LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or
Defendants JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB,
72. Plaintiffs DAVID JAREL BIVINS and HILLARY ROSS were aware of the fact
73. The taking, seizure, detention, and / or arrest of Plaintiffs DAVID JAREL
BIVINS and HILLARY ROSS by Defendant MEIJER, INC., through its agents and / or
GUARD and / or Defendants JOHN and JANE ROE MEIJER SECURITY GUARDS, and
74. Defendant MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, intended to
take, seize, detain, and / or arrest Plaintiffs DAVID JAREL BIVINS and HILLARY ROSS.
75. Plaintiff, DAVID JAREL BIVINS, suffered injuries and damages as a result of
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the unlawful taking, seizure, detention, and arrest of him that include but are not necessarily
b. Multiple contusions;
e. Fractured jaw;
h. Back injury;
i. Neck injury;
j. Head injury;
k. Headaches;
m. Humiliation;
n. Slander;
o. Libel;
p. Embarrassment;
s. Mortification;
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v. The need for future medical treatment;
w. Medical expenses;
x. Dental expenses;
76. Plaintiff, HILLARY ROSS, suffered injuries and damages as a result of the
unlawful taking, seizure, detention, and arrest of her that include but are not necessarily limited to
the following:
c. Humiliation;
d. Slander;
e. Libel;
f. Embarrassment;
i. Mortification;
l. Exemplary damages;
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m. Punitive damages; and,
COUNT II
FALSE IMPRISONMENT
77. Plaintiffs hereby reincorporate each and every allegation contained in Paragraphs 1
78. Defendant, MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, for
vexation or trouble or with malice, caused or procured Plaintiff DAVID JAREL BIVINS, to be
arrested, attached, brutally beaten and proceeded against and are all liable pursuant to MCL
600.2907 for compensatory damages, exemplary damages, punitive damages, and treble damages.
79. Defendant, MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, unlawfully
restrained Plaintiff DAVID JAREL BIVINS personal liberty and / or freedom of movement by
80. Defendant, MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, detained,
INC., through its agents and / or employees, Defendant LONNIE WADE, Defendant JOHN
DOE MEIJER SECURITY GUARD and / or Defendants JOHN and JANE ROE MEIJER
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SECURITY GUARDS, and Defendant T.TABB, was against plaintiffs will.
82. Defendant, MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB,
accomplished the false imprisonment by express or implied threat of force and the actual use of
physical force.
83. Defendant, MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, intended to
deprive Plaintiff DAVID JAREL BIVINS of his personal liberty or freedom of movement.
84. Plaintiff, DAVID JAREL BIVINS, suffered injuries and damages as a result of
the unlawful taking, seizure, detention, arrest and imprisonment of him that include but are not
b. Multiple contusions;
e. Fractured jaw;
h. Back injury;
i. Neck injury;
j. Head injury;
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k. Headaches;
m. Humiliation;
n. Slander;
o. Libel;
p. Embarrassment;
s. Mortification;
w. Medical expenses;
x. Dental expenses;
COUNT III
ASSAULT AND BATTERY
85. Plaintiff hereby reincorporates each and every allegation contained in Paragraphs 1
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86. Defendant, MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, for
vexation or trouble or with malice, caused or procured Plaintiff DAVID JAREL BIVINS, to be
arrested, attached, brutally beaten and proceeded against and are all liable pursuant to MCL
600.2907 for compensatory damages, exemplary damages, punitive damages, and treble damages.
87. Defendant, MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, assaulted Plaintiff DAVID JAREL
BIVINS by:
peril;
c. With the apparent present ability to carry out the act if not prevented.
88. Defendant, MEIJER, INC., through its agent and / or employee, Defendant
LONNIE WADE, assaulted and battered Plaintiff, DAVID JAREL BIVINS by touching him
c. Propelling a baton into plaintiffs head, face, teeth, upper torso, arms, legs,
d. Tackling plaintiff;
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premises;
89. Defendant, MEIJER, INC., through its agent and / or employee, Defendant T.
TABB, assaulted and battered Plaintiff, DAVID JAREL BIVINS by handcuffing him, physically
directing his movement and physically causing him to be detained and imprisoned against his
will.
90. Plaintiff, DAVID JAREL BIVINS, suffered injuries and damages as a result of
the unlawful taking, seizure, detention, arrest and imprisonment of him that include but are not
b. Multiple contusions;
e. Fractured jaw;
h. Back injury;
i. Neck injury;
j. Head injury;
k. Headaches;
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m. Humiliation;
n. Slander;
o. Libel;
p. Embarrassment;
s. Mortification;
w. Medical expenses;
x. Dental expenses;
91. The amount of force used against Plaintiff DAVID JAREL BIVINS by Defendant
MEIJER, INC., .through its agents and employees Defendant LONNIE WADE and Defendant
92. Plaintiff DAVID JAREL BIVINS was entitled to resist his unlawful seizure,
detention and arrest and to defend himself from the excessive force being employed by Defendant
LONNIE WADE.
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93. Plaintiff, DAVID JAREL BIVINS reaction and response to the unlawful conduct
COUNT IV
LIBEL / SLANDER / FALSE LIGHT INVASION OF PRIVACY
94. Plaintiffs hereby reincorporate each and every allegation contained in Paragraphs 1
95. Defendant, MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, libeled and
slandered Plaintiffs DAVID JAREL BIVINS and HILLARY ROSS, by making false oral and
written statements suggesting that they had committed theft or some other criminal act which
were communicated to third-persons and had a tendency to harm their reputation and / or cast
96. Plaintiffs DAVID JAREL BIVINS and HILLARY ROSS were initially damaged
as a result of the false statements, by being detained and deprived of their freedom of movement.
97. Plaintiffs DAVID JAREL BIVINS and HILLARY ROSS were further damaged
as the false accusations proximately resulted in Plaintiff DAVID JAREL BIVINS being beaten,
98. Plaintiffs DAVID JAREL BIVINS and HILLARY ROSS were thereafter cast in
a false light when Defendant, MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB disclosed
unreasonable and highly objectionable information to the general public or a large number of
people suggesting that they had stolen merchandise or otherwise engaged in criminal behavior.
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99. Defendant, MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB knew that
the accusations about Plaintiffs were false and / or they acted in reckless disregard as to the
veracity of the information and the false light in which plaintiffs would be placed.
100. As a direct and proximate result of Defendant, MEIJER, INC.s libelous and
slanderous statements that cast them in a false light, Plaintiffs DAVID JAREL BIVINS and
HILLARY ROSS are entitled to recover actual damages, compensatory damages, exemplary
COUNT V
MALICIOUS PROSECUTION
101. Plaintiffs hereby reincorporate each and every allegation contained in Paragraphs 1
102. Defendant, MEIJER, INC., through its agents and / or employees, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, for
vexation or trouble or with malice, caused or procured Plaintiff DAVID JAREL BIVINS, to be
arrested, attached, brutally beaten and proceeded against and are all liable pursuant to MCL
600.2907 for compensatory damages, exemplary damages, punitive damages, and treble damages.
103. Defendant MEIJER, INC., through its agents, Defendant LONNIE WADE,
Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants JOHN and JANE
ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, caused charges of resisting
and obstructing a police officer to be initiated against Plaintiff DAVID JAREL BIVINS that
included the preparation of a criminal complaint and a request for an arrest warrant being
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submitted to the Wayne County Prosecutors Office.
104. Plaintiff DAVID JAREL BIVINS was incarcerated and remained in jail as a
result of the vexatious proceeding until a writ of habeas corpus was executed by the Wayne
105. In addition, Defendant MEIJER, INC., through its agents, Defendant LONNIE
WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants JOHN
and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, caused a charge of
disorderly conduct to be improperly initiated and continued against Plaintiff DAVID JAREL
BIVINS.
106. The criminal complaint alleging that Plaintiff DAVID JAREL BIVINS resisted
and obstructed arrest terminated in his favor when the Wayne County Prosecutors Office rejected
the request for warrant on October 10, 2017; said warrant request having been initiated by
Defendant MEIJER, INC., through its agents, Defendant LONNIE WADE, Defendant JOHN
DOE MEIJER SECURITY GUARD and / or Defendants JOHN and JANE ROE MEIJER
107. It is expected that the remaining charges that were initiated by Defendant
MEIJER, INC., through its agents, Defendant LONNIE WADE, Defendant JOHN DOE
MEIJER SECURITY GUARD and / or Defendants JOHN and JANE ROE MEIJER
SECURITY GUARDS, and Defendant T.TABB, will terminate in favor of Plaintiff DAVID
JAREL BIVINS.
108. The charges that were initiated and continued against Plaintiff DAVID JAREL
BIVINS by Defendant MEIJER, INC., through its agents, Defendant LONNIE WADE,
Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants JOHN and JANE
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ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, were initiated and continued
109. The charges that were initiated and continued against Plaintiff DAVID JAREL
BIVINS by Defendant MEIJER, INC., through its agents, Defendant LONNIE WADE,
Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants JOHN and JANE
ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, were initiated and continued
with malice or a primary purpose other than that of bringing an offender to justice.
110. Plaintiff, DAVID JAREL BIVINS, suffered injuries and damages as a result of
the unlawful taking, seizure, detention, arrest, imprisonment, and malicious prosecution of him
b. Multiple contusions;
e. Fractured jaw;
h. Back injury;
i. Neck injury;
j. Head injury;
k. Headaches;
m. Humiliation;
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n. Slander;
o. Libel;
p. Embarrassment;
s. Mortification;
w. Medical expenses;
x. Dental expenses;
COUNT VI
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
111. Plaintiffs hereby reincorporate each and every allegation contained in Paragraphs 1
112. The conduct of Defendant MEIJER, INC., through its agents, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, alleged in
the factual section and throughout this Complaint was extreme and outrageous.
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113. The conduct of Defendant MEIJER, INC., through its agents, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, alleged in
the factual section and throughout this Complaint was intentional or reckless.
114. The conduct of Defendant MEIJER, INC., through its agents, Defendant
LONNIE WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants
JOHN and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, alleged in
the factual section and throughout this Complaint caused Plaintiffs DAVID JAREL BIVINS and
115. Plaintiff, DAVID JAREL BIVINS, suffered injuries and damages as a result of
the unlawful taking, seizure, detention, arrest, imprisonment, malicious prosecution, and
intentional infliction of emotional distress upon him that include but are not necessarily limited to
the following:
b. Multiple contusions;
e. Fractured jaw;
h. Back injury;
i. Neck injury;
j. Head injury;
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k. Headaches;
m. Humiliation;
n. Slander;
o. Libel;
p. Embarrassment;
s. Mortification;
w. Medical expenses;
x. Dental expenses;
116. Plaintiff, HILLARY ROSS, suffered injuries and damages as a result of the
unlawful taking, seizure, detention, and arrest of her that include but are not necessarily limited to
the following:
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b. Deprivation of her freedom and denial of social pleasures;
c. Humiliation;
d. Slander;
e. Libel;
f. Embarrassment;
i. Mortification;
l. Exemplary damages;
COUNT VII
NEGLIGENCE
117. Plaintiffs hereby reincorporate each and every allegation contained in Paragraphs 1
118. Defendant, MEIJER, INC., owed Plaintiff DAVID JAREL BIVINS a duty to
exercise ordinary care to provide him a reasonably safe place to shop including the duty to protect
him by, at minimum, timely contacting on duty law enforcement officers to protect him from the
119. Defendant, MEIJER INC., breached its duties of care, through its agents or
employees, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants JOHN
and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, by failing to
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instruct its agent / employee, Defendant LONNIE WADE, to cease his detention of Plaintiff
DAVID JAREL BIVINS, after a receipt of purchase was produced, and failing to request the
presence of on-duty police officers to prevent the attack initiated by Defendant LONNIE WADE.
120. Defendant, MEIJER INC., breached its duties of care, through its agents or
employees, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants JOHN
and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, by ratifying,
Plaintiff, DAVID JAREL BIVINS, suffered injuries and damages that include but are not
b. Multiple contusions;
e. Fractured jaw;
h. Back injury;
i. Neck injury;
j. Head injury;
k. Headaches;
m. Humiliation;
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n. Slander;
o. Libel;
p. Embarrassment;
s. Mortification;
w. Medical expenses;
x. Dental expenses;
122. Plaintiffs hereby reincorporate each and every allegation contained in Paragraphs 1
123. Plaintiffs are entitled to exemplary, punitive, and treble damages pursuant to the
124. Defendant MEIJER, INC., through its agent / employee, Defendant LONNIE
WADE, used excessive force after unlawfully detaining Plaintiffs DAVID JAREL BIVINS and
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HILLARY ROSS.
125. Defendant MEIJER, INC., through its agent / employee, Defendant LONNIE
WADE, detained Plaintiff DAVID JAREL BIVINS for an unreasonable length of time and
126. Defendant MEIJER, INC., through its agents or employees, Defendant LONNIE
WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants JOHN
and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, acted with an
unreasonable disregard of Plaintiffs DAVID JAREL BIVINS and HILLARY ROSS rights or
sensibilities.
127. Defendant MEIJER INC., through its agents or employees, Defendant LONNIE
WADE, Defendant JOHN DOE MEIJER SECURITY GUARD and / or Defendants JOHN
and JANE ROE MEIJER SECURITY GUARDS, and Defendant T.TABB, acted with intent
request that a judgment be entered in their favor against each individual defendant and Defendant
MEIJER, INC. for compensatory damages in an amount that greatly exceeds twenty-five
thousand dollars ($25,000.00) plus exemplary damages, punitive damages, treble damages, costs,
Respectfully Submitted,
_____________________________________
GEOFFREY N. FIEGER (P30441)
GARY N. FELTY, Jr. (P55554)
Fieger, Fieger, Kenney & Harrington P.C.
Attorneys for Plaintiff
19390 West Ten Mile Road
Southfield, MI 48075
Dated: October 16, 2017 (248) 355-5555
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STATE OF MICHIGAN
v. Honorable
Defendants.
_____________________________________________/
GEOFFREY N. FIEGER (P30441)
GARY N. FELTY, Jr. (P55554)
Fieger, Fieger, Kenney, & Harrington P.C.
Attorneys for Plaintiff
19390 West Ten Mile Road
Southfield, MI 48075
(248) 355-5555 / Fax: (248) 355-5148
[email protected]
____________________________________________/
DEMAND FOR JURY TRIAL
Plaintiffs, DAVID JAREL BIVINS and HILLARY ROSS, by and through their
attorneys, FIEGER, FIEGER, KENNEY, & HARRINGTON, P.C., hereby demand a trial by jury
Respectfully Submitted,
________________________________
GEOFFREY N. FIEGER (P30441)
GARY N. FELTY, Jr. (P55554)
Fieger, Fieger, Kenney & Harrington P.C.
Attorneys for Plaintiff
19390 West Ten Mile Road
Southfield, MI 48075
Dated: October 16, 2017 (248) 355-5555
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