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JOHNSON v. VANDERKOOI

Docket No. 160958, Docket No. 160959 Calendar No. 3.

983 N.W.2d 779 (2022)

509 Mich. 524

Denishio JOHNSON, Plaintiff-Appellant, v. Curtis VANDERKOOI, Elliott Bargas, and City of Grand Rapids, Defendants-Appellees. Keyon Harrison, Plaintiff-Appellant, v. Curtis VanderKooi and City of Grand Rapids, Defendants-Appellees.

Supreme Court of Michigan.

Decided July 22, 2022.

Attorney(s) appearing for the Case

The American Civil Liberties Union Fund of Michigan (by Daniel S. Korobkin, Edward R. Becker, Margaret Curtiss Hannon, David A. Moran, Detroit, and Miriam J. Aukerman) for Denishio Johnson and Keyon Harrison.

Elizabeth J. Fossel, Sarah J. Hartman, and Andrew J. Lukas for Curtis Vander-Kooi, Elliot Bargas, and the city of Grand Rapids.

Jones Day, Detroit (by Amanda K. Rice, Kurt A. Johnson, Eric A. Nicholson, and Shelbie M. Rose) for the Cato Institute and the Mackinac Center for Public Policy, amicus curiae.

Eli Savit, Victoria Burton-Harris, Christina Hines, and Anthony Hernandez for the Prosecuting Attorneys of Washtenaw County, amicus curiae.

Dykema Gossett PLLC (by Harold D. Pope, Detroit, Lauren E. Fitzsimons, Lansing, and Madison Laskowski) for the Innocence Network, amicus curiae.

Mahogane D. Reed and The Lamar Law Firm, PLLC (by Janey J. Lamar) for the NAACP Legal Defense & Educational Fund, Inc., amicus curiae.

BEFORE THE ENTIRE BENCH.

OPINION

This is the second time these consolidated cases have come before us. Previously, we considered whether a decades-long procedure used by the Grand Rapids Police Department (the GRPD) was a policy or a custom attributable to the city of Grand Rapids (the City). We held that it was.

We now consider the constitutionality...

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