Fahirri Dannah v. City of Grand Rapids, MI, et al
| FAHIRRI DANNAH |
| CITY OF GRAND RAPIDS, MI, et al., ANTHONY BARBERINO, Officer, in his individual capacity, ZACHARY KAISER, Officer, in his individual capacity and MELISSA MONINGER, Officer, in her individual capacity |
| 25-1416 |
| April 28, 2025 |
| U.S. Court of Appeals, Sixth Circuit |
| Civil Rights: Other |
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| Filing 21 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 11/24/2025;. appellee brief due 12/24/2025; (RLB) [Entered: 10/15/2025 10:21 AM] |
Filing 20
ORDER filed: Wwe DENY Dannahs motion to dismiss the defendants appeal [ # 11 ]. Dannah remains free to renew his motion to dismiss if the defendants fail to limit their arguments to issues over which the court has jurisdiction. See Berryman v. Rieger, 150 F.3d 561, 563 (6th Cir. 1998). Eugene E. Siler, Jr., Circuit Judge; Raymond M. Kethledge, Circuit Judge and Stephanie Dawkins Davis, Circuit Judge. (RLB) [Entered: 10/15/2025 09:16 AM]
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| Filing 19 Mediation Office is no longer involved in this appeal. (MLB) [Entered: 07/01/2025 06:11 PM] |
| Filing 18 RESPONSE in opposition filed regarding a motion to dismiss case (other), [ # 11 ]; previously filed by Mr. Michael L. Jones for Fahirri Dannah. Response from Attorney Ms. Sarah J. Hartman for Appellants Anthony Barberino, Zachary Kaiser and Melissa Moninger. Certificate of Service: 05/19/2025. [25-1416] (SJH) [Entered: 05/19/2025 01:23 PM] |
| Filing 17 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Ms. Sarah J. Hartman for Appellants Anthony Barberino, Zachary Kaiser and Melissa Moninger. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? No ; Please identify the party(ies) the appeal is being taken against: Fahirri Dannah ; Issues: Defendants/Appellants Officers Anthony Barberino, Zachary Kaiser, and Melissa Moninger each appeal as to the Plaintiff's claim that they violated his constitutionally protected right to be free from excessive force, brought pursuant to 42 USC 1983. Specifically, these Appellants will seek review from this Court as to the District Court's determination of whether they are entitled to qualified immunity as a matter of law; whether there is a genuine dispute of fact in this case that is material; whether the District Court's findings that a genuine dispute of material facts exists is blatantly and demonstrably erroneous; and whether the District Court improperly denied review of this case pursuant to the standard contained in Federal Rule of Civil Procedure 12(c), judgment on the pleadings, when it considered the motion only based on Rule 56, summary judgment. . Certificate of Service: 05/13/2025. [25-1416] (SJH) [Entered: 05/13/2025 10:14 AM] |
| Filing 16 ***DEFECTIVE ENTRY - COUNSEL TO REFILE AND ONLY IDENTIFY THE PARTY THE APPEAL IS BEING TAKEN AGAINST*** CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Ms. Sarah J. Hartman for Appellants Anthony Barberino, Zachary Kaiser and Melissa Moninger. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? No ; Please identify the party(ies) the appeal is being taken against: Fahirri Dannah ,City of Grand Rapids; Michael Spees ; Issues: Defendants/Appellants Officers Anthony Barberino, Zachary Kaiser, and Melissa Moninger each appeal as to the Plaintiff's claim that they violated his constitutionally protected right to be free from excessive force, brought pursuant to 42 USC 1983. Specifically, these Appellants will seek review from this Court as to the District Court's determination of whether they are entitled to qualified immunity as a matter of law; whether there is a genuine dispute of fact in this case that is material; whether the District Court's findings that a genuine dispute of material facts exists is blatantly and demonstrably erroneous; and whether the District Court improperly denied review of this case pursuant to the standard contained in Federal Rule of Civil Procedure 12(c), judgment on the pleadings, when it considered the motion only based on Rule 56, summary judgment.. . Certificate of Service: 05/12/2025. [25-1416] (SJH) [Entered: 05/12/2025 04:14 PM] |
| Filing 15 ***DEFECTIVE ENTRY - COUNSEL TO REFILE AND INSTRUCTED TO IDENTIFY ONLY PARTIES WHOM THE APPEAL IS TAKEN AGAINST WHEN ASKED - PARTIES SHOULD NOT BE RELISTED IF THEY ARE NOT A PARTY WHOM THE APPEAL IS TAKEN AGAINST*** CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Ms. Sarah J. Hartman for Appellants Anthony Barberino, Zachary Kaiser and Melissa Moninger. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? No ; Please identify the party(ies) the appeal is being taken against: Anthony Barberino, Zachary Kaiser and Melissa Moninger ,City of Grand Rapids; Michael Spees ; Issues: Defendants/Appellants Officers Anthony Barberino, Zachary Kaiser, and Melissa Moninger each appeal as to the Plaintiff's claim that they violated his constitutionally protected right to be free from excessive force, brought pursuant to 42 USC 1983. Specifically, these Appellants will seek review from this Court as to the District Court's determination of whether they are entitled to qualified immunity as a matter of law; whether there is a genuine dispute of fact in this case that is material; whether the District Court's findings that a genuine dispute of material facts exists is blatantly and demonstrably erroneous; and whether the District Court improperly denied review of this case pursuant to the standard contained in Federal Rule of Civil Procedure 12(c), judgment on the pleadings, when it considered the motion only based on Rule 56, summary judgment. . Certificate of Service: 05/12/2025. [25-1416] (SJH) [Entered: 05/12/2025 03:10 PM] |
| Filing 14 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Sarah J. Hartman ; Anthony Barberino, Zachary Kaiser and Melissa Moninger makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? None. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? None. Certificate of Service: 05/12/2025. [25-1416] (SJH) [Entered: 05/12/2025 02:36 PM] |
| Filing 13 RULING LETTER SENT to hold briefing in abeyance pending a ruling on appellee's motion to dismiss case for lack of jurisdiction. (RLB) [Entered: 05/09/2025 01:25 PM] |
| Filing 12 TRANSCRIPT ORDER filed - no hearings held in District Court. Filed by Ms. Sarah J. Hartman for Anthony Barberino, Zachary Kaiser and Melissa Moninger. Certificate of Service: 05/09/2025. [25-1416] (SJH) [Entered: 05/09/2025 10:15 AM] |
| Filing 11 MOTION filed by Mr. Michael L. Jones for Fahirri Dannah to dismiss case for lack of jurisdiction. (Certificate of Service: 05/09/2025. [25-1416]--[Edited 05/09/2025 by RLB] (MLJ) [Entered: 05/09/2025 10:04 AM] |
| Filing 10 APPEARANCE filed for Appellants Anthony Barberino, Zachary Kaiser and Melissa Moninger by Melissa A. Powell. Certificate of Service: 05/08/2025. [25-1416] (MAP) [Entered: 05/08/2025 10:30 AM] |
| Filing 9 APPEARANCE filed for Appellants Anthony Barberino, Zachary Kaiser and Melissa Moninger by Elizabeth J. Fossel. Certificate of Service: 05/08/2025. [25-1416] (EJF) [Entered: 05/08/2025 10:18 AM] |
| Filing 8 APPEARANCE filed for Appellants Anthony Barberino, Zachary Kaiser and Melissa Moninger by Sarah J. Hartman. Certificate of Service: 05/08/2025. [25-1416] (SJH) [Entered: 05/08/2025 10:15 AM] |
| Filing 7 APPEARANCE filed for Appellee Fahirri Dannah by Michael L. Jones. Certificate of Service: 05/07/2025. [25-1416] (MLJ) [Entered: 05/07/2025 03:25 PM] |
| Filing 6 VIDEO CONFERENCE: The Mediation conference has been rescheduled for 06/06/2025 at 9:30 AM (ET) with Kathryn Wollenburg. [Please open notice for important details and deadlines.] (MLB) [Entered: 05/07/2025 09:46 AM] |
| Filing 5 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Michael L. Jones ; Fahirri Dannah makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? NO 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? NO Certificate of Service: 04/30/2025. [25-1416] (MLJ) [Entered: 04/30/2025 03:41 PM] |
| Filing 4 ***DOCUMENT LOCKED - INCORRECT FORM - COUNSEL INSTRUCTED TO REFILED ON THE COURT APPEARANCE OF COUNSEL FORM*** APPEARANCE filed for Appellee Fahirri Dannah by Michael L. Jones. Certificate of Service: 04/30/2025. [25-1416] (MLJ) [Entered: 04/30/2025 03:38 PM] |
| Filing 3 MEDIATION OFFICE is involved in this appeal. VIDEO CONFERENCE: A Mediation conference has been scheduled for 05/27/2025 at 2:00 PM (ET) with Kathryn Wollenburg. [Please open notice for important details and deadlines.] (LMR) [Entered: 04/29/2025 02:27 PM] |
| Filing 2 The case manager for this case is: Robin L. Baker (RLB) [Entered: 04/28/2025 02:16 PM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellants Anthony Barberino, Zachary Kaiser and Melissa Moninger. Transcript needed: y. (RLB) [Entered: 04/28/2025 02:13 PM] |
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