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156057-8 - Denishio Johnson v Curt Vanderkooi

Denishio Johnson,
Daniel S. Korobkin
(Appeal from Ct of Appeals)
(Kent – Quist, G.)
Curt Vanderkooi, Elliot Bargas, and City of Grand Rapids,
Elliot J. Grushka
Keyon Harrison,
Curt Vanderkooi, and City of Grand Rapids,


Law enforcement officers in Grand Rapids, with the knowledge and approval of the City, occasionally photograph and fingerprint individuals who are questioned in public and are without identification. This practice, called “P&P,” occurs even when the individuals photographed and fingerprinted are not arrested and no evidence of criminal activity is found. The photograph/fingerprint cards are collected and maintained by the City. Plaintiffs are two teenaged individuals who were subject to the P&P procedure, and, represented by the American Civil Liberties Union of Michigan, filed suit against the City and the officers who conducted the P&P. The ACLU challenged the practice on various constitutional and statutory bases. The trial court granted summary disposition to defendants, holding that the officers were entitled to qualified immunity and that the City was entitled to dismissal for lack of a showing of an official municipal policy or custom violating plaintiffs’ constitutional rights. The Court of Appeals affirmed, issuing two separate opinions, one published. The Supreme Court has ordered oral argument on plaintiffs’ application for leave to appeal to address whether the police department’s actions were a policy or custom.