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2:16-cv-14103-AJT-DRG Doc # 1 Filed 11/18/16 Pg 1 of 17
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
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Zahra Faraj, on behalf of her minor son

Hassan Abdallah, Nadia Bazzi, on
behalf of her minor son Ibrahim Bazzi,
and Ali Chami,
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Pg ID 1
Plaintiffs,
Case Number _____________

Honorable
v.
Michael Carson, Joseph Machon, Jordan
Leavy, Ibrahim Abdul-Hamid, PO Johnson,
PO Carter, in their individual and official
capacities,
Defendants.
___________________________________/
COMPLAINT & JURY DEMAND

HADOUS|CO. PLLC
Nemer N. Hadous (AZ: 027529 | CA: 264431)
24725 W. 12 Mile Rd., Ste. 110
Southfield, Michigan 48034
Phone: (248) 663-5155
Email: nhadous@hadousco.com
Attorneys for Plaintiffs Abdallah, Bazzi, Chami
LAW OFFICES OF CYRIL C. HALL
Amir Makled (P-76306)
23756 Michigan Avenue, #300
Dearborn, Michigan 48124
Phone: (313) 582-7930
Email: makled.amir@gmail.com
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Pg ID 2
NOW COME Plaintiffs, Zahra Faraj, on behalf of her minor son Hassan
Abdallah, Nadia Bazzi, on behalf of her minor son Ibrahim Bazzi, and Ali Chami
(collectively, Plaintiffs), by counsel, for their Complaint against the Defendants,
Michael Carson, Joseph Machon, Jordan Leavy, Ibrahim Abdul-Hamid, PO
Johnson, and PO Carter, in their individual capacities, and official capacities
(collectively, Defendants), alleging violations of their federal civil rights and
pendent state law claims.
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JURISDICTION AND VENUE
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1.
This court has federal question jurisdiction pursuant to 28 U.S.C.
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1331, and 42 U.S.C. 1983. This Court has supplemental jurisdiction over
Plaintiffs pendent state law claims pursuant to 28 U.S.C. 1367 and under the
doctrine of pendent jurisdiction as set forth in United Mine Workers v. Gibbs, 383
U.S. 715, 86 S. Ct. 1130 (1966).
2.
Venue is proper in this District because Plaintiffs reside in this
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District, and Defendants reside within this District, are otherwise subject to
personal jurisdiction in this District, and a substantial part of the events or
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omissions giving rise to this action occurred in this District.

PARTIES
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3.
Plaintiff Zahra Faraj asserts claims on behalf of her minor son Hassan
Abdallah (Hassan), a Wayne County, Michigan resident.
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4.
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Plaintiff Nadia Bazzi asserts claims on behalf of her minor son
Ibrahim Bazzi (Ibrahim), a Wayne County, Michigan resident. Ibrahim has

battled Tourette syndrome since he was a child. Tourette syndrome is exacerbated
by severe psychological trauma, fear, stress, and emotional excitement.
5.
Plaintiff Ali Chami (Ali) is an eighteen year-old, Wayne County,
Michigan resident.
6.
At all time pertinent to this Complaint, Defendant Michael Carson
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was employed by the Detroit Police Department, an agency of the City of Detroit.
Defendant Carson is sued in both his individual capacity, and official capacity.
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Upon information and belief, Defendant Carson resides in Wayne County,

Michigan, and is otherwise subject to personal jurisdiction within this District.
7.
At all time pertinent to this Complaint, Defendant Joseph Machon was
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employed by the Detroit Police Department, an agency of the City of Detroit.
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Defendant Machon is sued in both his individual capacity, and official capacity.
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Upon information and belief, Defendant Machon resides in Wayne County,

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8.
At all time pertinent to this Complaint, Defendant Jordan Leavy was

Defendant Leavy is sued in both his individual capacity, and official capacity.
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Upon information and belief, Defendant Leavy resides in Wayne County,

9.
At all time pertinent to this Complaint, Defendant Ibrahim Abdul-
Hamid was employed by the Detroit Police Department, an agency of the City of
Detroit. Defendant Abdul-Hamid is sued in both his individual capacity, and
official capacity. Upon information and belief, Defendant Abdul-Hamid resides in
Wayne County, Michigan, and is otherwise subject to personal jurisdiction within
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this District.
10.
At all time pertinent to this Complaint, Defendant PO Johnson was
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Defendant Johnson is sued in an individual capacity and official capacity. Upon
information and belief, Defendant Johnson resides in Wayne County, Michigan
and is otherwise subject to personal jurisdiction within this District.
11.
At all time pertinent to this Complaint, Defendant PO Carter was
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Defendant Carter is sued in an individual capacity, and official capacity. Upon
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information and belief, Defendant Carter resides in Wayne County, Michigan and
is subject to personal jurisdiction within this District.
12.
The City of Detroit is a chartered municipal corporation in the State of
Michigan. The Detroit Police Department is an agency of the City of Detroit and
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any references to the Detroit Police Department contained herein both mean and
refer to the City of Detroit.
13.
At all time pertinent to this Complaint, all Defendants acted under
color of law and in concert with each other.

14.
At all time pertinent to this Complaint, all Defendants acted
intentionally, maliciously, grossly negligent, unreasonably, with reckless disregard,

and willful and wanton.
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FACTUAL ALLEGATIONS
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15.
Plaintiffs incorporate herein by reference all of the above paragraphs
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of this Complaint as though fully set forth at length herein.

16.
Plaintiffs Hassan Abdallah and Ibrahim Bazzi are minors. Plaintiff
Ali Chami is 18 years old.

17.
On August 26, 2016, Hassan and Ibrahim were waiting for their friend
Ali to finish work at a family-owned Coney Island restaurant near the Warren
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Avenue and Greenfield Road intersection in Detroit, Michigan.

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Hassan and Ibrahim were parked outside the restaurant in Hassans
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Chevrolet Monte Carlo drinking pop and eating chips.

19.
When Ali finished work, he left the restaurant and got into the car
with his two friends.
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Pg ID 6
As they were about to leave, Hassan noticed a relative pull his car into
the CVS Pharmacy directly across the street from them. Hassan and Ibrahim
waved to the relative, who drove over and greeted them.
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As soon as Hassans relative left, Defendants stormed the Coney
Island parking lot with their police cars and surrounded Plaintiffs.
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Defendants handcuffed Hassan, Ibrahim, and Ali and searched them
without consent. Defendants threatened and intimidated Plaintiffs, saying they
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would not be going home. Defendants refused to tell Plaintiffs why they were
being searched. During the search one of the Defendants began to repeatedly sniff
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at Plaintiffs claiming he smelled something and couldnt wait to search their car.
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Defendants searched Hassans car without consent.
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To no surprise, Defendants found nothing (after-the-fact) to justify
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their blatant abuse of authority. Nevertheless, Defendants placed Hassan, Ibrahim,
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and Ali under arrest and charged them with misdemeanor crimes.
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25.
According to the Arrest Report by Defendants Carson and Machon,
Plaintiffs were arrested for Riot-Interfere Officer and charged with Interference
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with a City Employees in the Performance of their Duties. Defendants wrote,

Plaintiffs appeared to be discouraging the older Arabic male from talking with
the decoy and preventing a possible OTE case.
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Defendants arrested Plaintiffs for this imaginary offense, handcuffed
them, placed them in the back of unmarked police cars, and dropped them off at
Tireman and Abington in Detroitinstead of a police station where their parents
could safely pick them upeven though Defendants knew the boys lived in
Dearborn. Whats more, Defendants drove Plaintiffs down residential streets at
reckless speeds, and failed to activate emergency lights or sirensunnecessarily
endangering Plaintiffs and nearby residents.
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27.
While Ibrahim was under arrest and in handcuffs, one of the officers
took a picture of him with a mobile telephone. The officer broadcast the picture on
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social media using the Snapchat mobile application.

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Defendants also seized Hassans parked car. Defendant Abdul-Hamid
drove the car to Tireman and Abbington where towing vendors apparently used by
Detroit police officers in similar towing scams were already waiting.
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After handing Hassans car off to a towing vendor, Defendants
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laughed and joked about the arrest, and ordered Plaintiffs to walk home even
though Defendants knew Plaintiffs lived in the neighboring City of Dearborn.
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30.
The boys complied.
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Over the next day or so, Hassan made several phone calls to find out
where his car was towed. At one point, he was told that he would need to pay
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thousands of dollars to get the car back. Hassans father ultimately helped find the
car and paid hundreds of dollars to retrieve the vehicle from the towing vendor.
32.
A few days later, the engine on Hassans car gave out and he was
quoted several thousand dollars to repair the vehicle. Rather than pay several
thousand dollars to repair the vehicle (which he did not have), Hassan sold vehicle
to an auto repairman for a fraction of the fair market value.
33.
Despite the absurdity of the claimed offense, Defendants refused to
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drop the malicious criminal charges and Plaintiffs were forced to retain counsel to
defend against spurious charges.
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34.
The criminal charges were subsequently dismissed.
COUNT ONE
42 U.S.C. 1983
FOURTH/FOURTEENTH AMENDMENT
UNREASONABLE SEARCH AND SEIZURE
Defendants Michael Carson, Joseph Machon, Jordan Leavy, Ibrahim-AbdulHamid, PO Johnson, and PO Carter
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36.
Plaintiffs have a constitutional right to be secure in their persons and
property and free from unreasonable search and seizure thereof.
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37.
By the conduct described herein, Defendants, acting in concert with
one another and under of color of law, deprived Plaintiffs of their right to be free
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from unreasonable search and seizure without reasonable suspicion or probable

cause as required by the Fourth and Fourteenth Amendments.
38.
Accordingly, Defendants are liable for depriving Plaintiffs of
constitutionally protected rights. Defendants are additionally liable for damages

caused to Plaintiffs as a direct and proximate result of their conduct, including,
emotional distress, insult, indignity, mental anguish, humiliation, embarrassment
and monetary damages. Defendants are additionally liable for any exacerbation of
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Ibrahims pre-existing Tourettes condition.
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COUNT TWO
42 U.S.C. 1983
FOURTH/FOURTEENTH AMENDMENT
EXCESSIVE/UNREASONABLE FORCE
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40.
Plaintiffs have a constitutional right to be safe and secure from undue
and unreasonable force by police officers.

41.
By the conduct described herein, Defendants, acting in concert with
one another and under of color of law, violated Plaintiffs protected rights by using
objectively unreasonable force against Plaintiffs.
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42.
Defendants specific acts, individually and in concert with one other,
that were objectively unreasonable include:
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Unlawfully seizing and handcuffing Plaintiffs;
Intimidating and threatening Plaintiffs;
Driving Plaintiffs in police cars at reckless speeds; and
Dropping Plaintiffs at a remote Detroit location at night and ordering
them to walk home.
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Accordingly, Defendants are liable to Plaintiffs for compensatory and
punitive damages for depriving Plaintiffs of constitutionally protected rights.
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44.
Defendants are additionally liable for damages caused to Plaintiffs as
a direct and proximate result of their conduct, including, emotional distress, insult,
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indignity, mental anguish, humiliation, embarrassment and monetary damages.

45.
Defendants are additionally liable for any exacerbation of Ibrahims
pre-existing Tourettes condition.

COUNT THREE
PENDENT STATE LAW CLAIM: INTENTIONAL/RECKLESS
INFLICTION OF EMOTIONAL DISTRESS
46.
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47.
Defendants are paid City of Detroit police officers, vested with legal
authority make lawful arrests under color of state law.

48.
Defendants conduct as herein described was intentional/malicious.
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49.
Hamid, Johnson, and Carter grossly abused their authority by:

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Seizing and arresting Plaintiffs without reasonable suspicion or

probable cause;
Defendants conduct as herein described was extreme and outrageous.
Defendants Michael Carson, Joseph Machon, Jordan Leavy, Ibrahim-Abdul-
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Filing false and malicious criminal charges against Plaintiffs;
Taking pictures of Ibrahim with one of the officers personal
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mobile phone during the arrest, and then broadcasting the boys
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picture on the Snapchat social media application;
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residential streets without activating emergency lights or sirens;
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Failing to take minors under arrest to the Detroit Police

Department, or failing to notify their parents;
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Recklessly endangering Plaintiffs by driving at excessive speeds on
Seizing and towing Hassans parked car for no lawful reason; and
Dropping Plaintiffs at a remote Detroit location at night and
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ordering them to walk home
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50.
Defendants conduct as herein described would naturally and probably
result in emotional distress.

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Defendants caused Plaintiffs to suffer severe emotional distress.
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Plaintiffs emotional distress manifested in anxiety, anger, fear,
sleeplessness, nightmares, loss of appetite, and in such other physical

manifestations as may appear during the course of litigation in this matter.
53.
Defendants are additionally liable for compensatory and exemplary
damages caused to Plaintiffs as a direct and proximate result of their conduct,

including, emotional distress, insult, indignity, mental anguish, humiliation,
embarrassment and monetary damages.
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54.
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COUNT FOUR
PENDENT STATE LAW CLAIM: FALSE IMPRISONMENT
55.
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56.
By the conduct described herein, Defendants intended to confine
Plaintiffs.
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Defendants in fact confined Plaintiffs in handcuffs and subject
Plaintiffs to reckless endangerment by driving at excessive speeds on residential
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streets without activating emergency lights or sirens.

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Plaintiffs were conscious of this dangerous, unlawful confinement.
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As a direct and proximate result of Defendants confinement,
Plaintiffs suffer damages, including, emotional distress, insult, indignity, mental

anguish, humiliation, embarrassment and monetary damages.
60.

COUNT FIVE
PENDENT STATE LAW CLAIM: ABUSE OF PROCESS
61.

62.
By the conduct described herein, Defendants grossly abused their
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lawful authority. Defendants seized and arrested Plaintiffs without probable cause
for a knowingly non-existent crime. Defendants subsequently brought false and
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malicious criminal charges against Plaintiffs.

63.
As a direct and proximate result of Defendants conduct herein
described, Plaintiffs suffer damages, including, emotional distress, insult,

64.
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COUNT SIX
PENDENT STATE LAW CLAIM: FALSE ARREST
65.
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66.
By the conduct described herein, Defendants seized and arrested
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Plaintiffs without reasonable suspicion or probable cause. These arrests were

unlawful and unjustified.
67.
As a direct and proximate result of Defendants conduct as herein
described, Plaintiffs suffer damages, including, emotional distress, insult,

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68.
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RESERVED - COUNT SEVEN

42 U.S.C. 1983
UNCONSTITUTIONAL CUSTOM, POLICY OR PROCEDURE
City of Detroit
69.
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70.
Through discovery or otherwise, Plaintiffs may learn the Detroit
Police Department has a longstanding custom or practice, or that Detroit Police

Department
officials,
policymakers,
or
authorized
delegates
permit
an
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unconstitutional custom or practice, that involves a commercial towing scam

whereby Detroit Police Officers are encouraged, incentivized, or otherwise
compensated through bribes or kickbacks to aid in the unlawful towing of citizen
vehicles by preferred towing vendors.
71.
Accordingly, Plaintiffs reserve the right to amend this Complaint to
allege Defendants conduct as herein described, which caused Plaintiffs harm

including the deprivation of their constitutional rights, was caused by the foregoing
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unconstitutional custom or practice.

72.
Plaintiffs further reserve the right to amend this Complaint to assert
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unconstitutional custom, policy, or practice claims based on the Detroit Police

Departments failure to train or supervise police officers, or the Departments
inaction in the face of similar misconduct by Detroit police officers, including,
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false arrest or imprisonment, unreasonable seizures of persons or property, driving
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police cars at excessive speeds without emergency equipment, and reckless
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endangerment of minors.
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RESERVED - COUNT EIGHT

PENDENT STATE LAW CLAIM: CIVIL CONSPIRACY
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Through discovery or otherwise, Plaintiffs may discover one or more
Defendants acted in concert pursuant to a common design with one or more towing
operators in furtherance of an unconstitutional, unlawful, and wrongful commercial
towing scam dependent upon the abuse of police authority for the illicit financial
gain of towing operators or Detroit Police Department members.
75.
Plaintiffs may further discover that Defendants conduct as herein
described, which caused Plaintiffs harm including the deprivation of their
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constitutional rights, was in furtherance of an unconstitutional, unlawful, and

wrongful commercial towing scam between towing operators and Detroit Police
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Department members.
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allege conspiracy between one or more Defendants and third parties.

PRAYER FOR RELIEF
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Accordingly, Plaintiffs reserve the right to amend this Complaint to
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78.
Defendants conduct as herein described shows reckless disregard for
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Plaintiffs lives, health, safety, and welfare, and was deliberate, malicious, willful
and wanton such that punitive damages are warranted to punish, and deter similar
conduct as to Plaintiffs federal civil rights claims, and exemplary damages are
warranted as to Plaintiffs pendent state law claims.
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79.
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WHEREFORE, Plaintiffs respectfully requests that this Honorable
Court enter judgment against Defendants and grant the following relief:
(a)
Compensatory economic and non-economic damages in an amount to

be determined at trial;
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(b)
Punitive damages in an amount to be determined at trial;
(c)
Exemplary damages in an amount to be determined at trial;
(d)
Costs of suit and reasonable attorneys fees and expenses pursuant to
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42 U.S.C. 1988 and other applicable law; and
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(e)
Such further relief deemed just and proper by this Honorable Court.
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JURY DEMAND
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80.
Plaintiffs hereby demand a jury trial on all issues so triable.
RESPECTFULLY SUBMITTED this 18th day of November 2016,
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HADOUS|CO. PLLC
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By: /s/Nemer N. Hadous

Nemer N. Hadous, AZ: 027529, CA: 264431
24725 W. 12 Mile Rd., Ste. 110
Southfield, Michigan 48034
Phone: (248) 663-5155
Email: nhadous@hadousco.com
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2:16-cv-14103-AJT-DRG Doc # 1 Filed 11/18/16 Pg 1 of 17

UNITED STATES DISTRICT COURT

Zahra Faraj, on behalf of her minor son

Case Number _____________

COMPLAINT & JURY DEMAND

2:16-cv-14103-AJT-DRG Doc # 1 Filed 11/18/16 Pg 2 of 17

JURISDICTION AND VENUE

This court has federal question jurisdiction pursuant to 28 U.S.C.

Venue is proper in this District because Plaintiffs reside in this

omissions giving rise to this action occurred in this District.

Abdallah (Hassan), a Wayne County, Michigan resident.

2:16-cv-14103-AJT-DRG Doc # 1 Filed 11/18/16 Pg 3 of 17

Plaintiff Nadia Bazzi asserts claims on behalf of her minor son

Ibrahim Bazzi (Ibrahim), a Wayne County, Michigan resident. Ibrahim has

Plaintiff Ali Chami (Ali) is an eighteen year-old, Wayne County,

At all time pertinent to this Complaint, Defendant Michael Carson

Upon information and belief, Defendant Carson resides in Wayne County,

At all time pertinent to this Complaint, Defendant Joseph Machon was

employed by the Detroit Police Department, an agency of the City of Detroit.

Upon information and belief, Defendant Machon resides in Wayne County,

At all time pertinent to this Complaint, Defendant Jordan Leavy was

employed by the Detroit Police Department, an agency of the City of Detroit.

2:16-cv-14103-AJT-DRG Doc # 1 Filed 11/18/16 Pg 4 of 17

Upon information and belief, Defendant Leavy resides in Wayne County,

At all time pertinent to this Complaint, Defendant Ibrahim Abdul-

At all time pertinent to this Complaint, Defendant PO Johnson was

employed by the Detroit Police Department, an agency of the City of Detroit.

At all time pertinent to this Complaint, Defendant PO Carter was

employed by the Detroit Police Department, an agency of the City of Detroit.

The City of Detroit is a chartered municipal corporation in the State of

2:16-cv-14103-AJT-DRG Doc # 1 Filed 11/18/16 Pg 5 of 17

At all time pertinent to this Complaint, all Defendants acted under

color of law and in concert with each other.

At all time pertinent to this Complaint, all Defendants acted

intentionally, maliciously, grossly negligent, unreasonably, with reckless disregard,

Plaintiffs incorporate herein by reference all of the above paragraphs

of this Complaint as though fully set forth at length herein.

Plaintiffs Hassan Abdallah and Ibrahim Bazzi are minors. Plaintiff

Ali Chami is 18 years old.

Avenue and Greenfield Road intersection in Detroit, Michigan.

Hassan and Ibrahim were parked outside the restaurant in Hassans

Chevrolet Monte Carlo drinking pop and eating chips.

with his two friends.

2:16-cv-14103-AJT-DRG Doc # 1 Filed 11/18/16 Pg 6 of 17

As soon as Hassans relative left, Defendants stormed the Coney

Defendants handcuffed Hassan, Ibrahim, and Ali and searched them

without consent. Defendants threatened and intimidated Plaintiffs, saying they

Defendants searched Hassans car without consent.

To no surprise, Defendants found nothing (after-the-fact) to justify

their blatant abuse of authority. Nevertheless, Defendants placed Hassan, Ibrahim,

According to the Arrest Report by Defendants Carson and Machon,

with a City Employees in the Performance of their Duties. Defendants wrote,

2:16-cv-14103-AJT-DRG Doc # 1 Filed 11/18/16 Pg 7 of 17

Defendants arrested Plaintiffs for this imaginary offense, handcuffed

social media using the Snapchat mobile application.

Defendants also seized Hassans parked car. Defendant Abdul-Hamid

After handing Hassans car off to a towing vendor, Defendants

The boys complied.

2:16-cv-14103-AJT-DRG Doc # 1 Filed 11/18/16 Pg 8 of 17

Despite the absurdity of the claimed offense, Defendants refused to

The criminal charges were subsequently dismissed.

Plaintiffs incorporate herein by reference all of the above paragraphs