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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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