Man Files $2.5 Million Lawsuit Against Bay City Claiming Police Violated His Rights In Pot Seizure

[bobandtorey]

BAY CITY, MI — A Bay City man who represented himself at trial on a marijuana charge and was subsequently acquitted, is seeking $2.5 million in damages from Bay City and its Department of Public Safety.

Patrick J. Groulx, 38, on June 16, filed a lawsuit in the Bay City Clerk's Office alleging his Fourth Amendment rights were violated and his character defamed after he was pulled over by police in July 2013 and subsequently charged with possession of marijuana, second offense. The charge is punishable by up to two years incarceration and a $4,000 fine.

Groulx went to trial before Bay County Chief Circuit Judge Kenneth W. Schmidt on May 14, 2015. The jury found him not guilty.

The lawsuit states that Bay City officers Brad Lewis, Rod Schanck and Kristin Thomas, as well as Cpl. Brian Schroer and Sgt. Nathan Webster abused their power and went outside the law in seizing Groulx's property, which included his Chevrolet Malibu, 256 grams of unusable cannabis, 7 grams of hashish and 10 pounds of grapefruit.

The suit also alleges Detective Todd Umphrey directed Schroer to tamper with evidence that was used at Groulx's trial.

Although the officers are named in the suit, they are not being sued as individuals.

"We have it turned over to our insurance company, the Michigan Municipal Risk Management Authority," said Bay City Clerk Dana Muscott, adding a law firm has been assigned to the matter. "I'm sure what we'll do is ask for dismissal. I don't expect this one to go very far."

Groulx was charged after being pulled over on July 26, 2013, in downtown Bay City. During the stop, officers found several glass Mason jars containing what appeared to the officers to be dried marijuana material, police wrote in their reports. The total amount of material was more than 2.5 ounces, according to police reports.

Groulx, who showed police what appeared to be a valid medical marijuana card, told police that while the total plant material may be about 6 ounces, the "usable marijuana" was only 2 ounces, according to police reports.

Police wrote in their reports they suspected Groulx of distributing marijuana and seized his marijuana.

Public Safety Director Michael J. Cecchini said he could not comment on pending litigation. He also said the individual officers Groulx mentions in his suit are not permitted to comment, per department policy. Schanck and Schroer declined to comment when reached by The Times. Attempts by The Times to reach the other four officers were unsuccessful, but Dan Kuhn, business agent for the Police Officers Association of Michigan, which represents to city officers union, said those officers would not be commenting on the lawsuit.

No attorney is listed on Groulx's lawsuit. The Times could not reach him for comment. The lawsuit lists only a Saginaw P.O. Box as an address and does not include a phone number.

 

http://www.mlive.com/news/bay-city/index.ssf/2015/08/man_files_lawsuit_against_bay.html

[Restorium2]

Groulx knows how to handle himself in court.

 

Wins his jury trial representing himself.

 

They picked on the wrong patient and we all will benefit from his success. 

 

I have to sincerely thank Mr. Groulx for this. He is a great educator of law enforcement, and local court, of patients' rights, as underlined by a jury of his peers. Priceless!

[t-pain]

why do reporters continue to try to get comments from police/attorneys when they know the answer is 'no comment'?

 

crazyness.

 

good luck to this patient.

although i wonder if the current status of marijuana being illegal will have any effect on damages being awarded , but if mcl 333.8109 applies retroactively (or if it was already in place in 2013) then that may also favor the defendant.

 

what is this about the grapefruits? why would anyone confiscate grapefruits?

 

where is this guy's kickstarter/gofundme ?? i want to support people fighting for damages to their rights, not just funding people who sit back and take plea deals.

[Restorium2]

Very interesting find... I'm wondering if this just might be Mr. Groulx:

 

https://www.facebook.com/pages/Patrick-Groulx-Governor-of-Michigan/1521245384757430

[bobandtorey]

Very interesting find... I'm wondering if this just might be Mr. Groulx:

 

https://www.facebook.com/pages/Patrick-Groulx-Governor-of-Michigan/1521245384757430

 

 

Yes it is and  i've talked to him a few times he was running for Governor a few years ago 

[ozzrokk]

Yep kudos to him............... Time to pay up....................

[bobandtorey]

I agree once these City's start paying up they will think twice when arresting sick people

[Indigro]

Since they are working all of the bew mj drafts, why not try what they have in colorado... Police are reaponsible for the storage and care of medical marijuana (evidence) until the trial concludes (innocent) or the charges are dropped/dismissed, at whicch point they are required to return the evidence/wrongfully siezed property. If the damage, destroy, or lose the confiscated mmj, they can br held legally liable for the costs.

 

A simple single line entry stating responsibility for the care and storage of the mmj is all that is needed, which opens them up for any liability of costs down the road.

 

People have had their pictures taken outside of the police departments with arms full of mmj, bongs, etc. it also means that they are responsible for any live plants they might try to chop or destroy, assuming no conviction of illegal activity occurs.

 

Simple one liner, and the cops are forced to reconsider all of their behaviors.

[Restorium2]

There's more to this than simple reimbursement.

 

 and his character defamed

[+Malamute]

Since they are working all of the bew mj drafts, why not try what they have in colorado... Police are reaponsible for the storage and care of medical marijuana (evidence) until the trial concludes (innocent) or the charges are dropped/dismissed, at whicch point they are required to return the evidence/wrongfully siezed property. If the damage, destroy, or lose the confiscated mmj, they can br held legally liable for the costs.

 

A simple single line entry stating responsibility for the care and storage of the mmj is all that is needed, which opens them up for any liability of costs down the road.

 

 

 

They are operating under this AG opinion in most places.

 

http://www.ag.state.mi.us/opinion/datafiles/2010s/op10341.htm

[Restorium2]

They are operating under this AG opinion in most places.

 

http://www.ag.state.mi.us/opinion/datafiles/2010s/op10341.htm

And the AG would make it look like he was keeping officers in line while he really would be just limiting their liability with 'special' wording that takes away our rights to sue their arses off. 

[Restorium2]

The suit also alleges Detective Todd Umphrey directed Schroer to tamper with evidence that was used at Groulx's trial.

 

When you win after an uphill crooked battle you want your pound of flesh and rightly deserve it.

[+Malamute]

Well,... what I find interesting about the opinion, is that even Schuette states they cannot return the marijuana/paraphernalia etc. due to conflict with federal law that would criminalize the distribution of marijuana by state officers.

 

In Federal court, they may win that subject. Not necessarily, but possibly. State court different story.

 

But regardless, that does not make them immune from being sued for costs and damages associated with destruction or removal of property.

 

 So I believe, and Schuette himself does not address it likely for good reason,  is that a patient or caregiver can regain monetarily the damages/losses caused  if they do not receive the property back.

[+Malamute]

I should also state that I have seen property(marijuana/paraphernalia) returned to many people in Michigan.

 

 So it does happen.

[Restorium2]

When they have your car, meds, and grapefruits for a couple years (while you were innocent all along) they can just keep it. The damage is done. By then I just want money. Lots of it. 

[bobandtorey]

I saw his post today he says now its 7.5 Million Dollars he wants i hope he gets it all but i do not think it will ever happen but if it was to happen i do know he is good at what he does and knows a lot of Laws i've talked to him before all this happened  i think last year at the Cup

 

i also know as Mal has said people have gotten their cannabis back a few times that i know of i have  been to another case where she is fighting to get her things back and cannabis returned a

 

PS He is my best friend and i supported him for Governor when he was running 

[bobandtorey]

Under the MMMA, the medical use of marihuana is permitted by "state law to the extent that it is carried out in accordance with the provisions of [the] act."  MCL 333.26427(a), 333.26424(d)(1) and (2).  Pursuant to section 7(e), "[a]ll other acts and parts of acts inconsistent with [the MMMA] do not apply to the medical use of marihuana as provided for by this act."  MCL 333.26427(e).  The Act "constitutes a determination by the people of this state that there should exist a very limited, highly restricted exception to the statutory proscription against the manufacture and use of marihuana in Michigan."  People v King, ___ Mich App ___; ___ NW2d ___ (Docket No. 294682, issued February 3, 2011), lv gtd 489 Mich 957 (2011).  "All the MMMA does is give some people limited protection from prosecution by the state, or from other adverse state action in carefully limited medical marijuana situations."  Casias v Wal–Mart Stores, Inc, 764 F Supp 2d 914, 922 (WD Mich, 2011).  Thus, by enacting the MMMA, the people did not repeal any statutory prohibitions regarding marihuana.  The possession, sale, delivery, or manufacture of marihuana remain crimes in Michigan.  Id., citing People v Redden, 290 Mich App 65, 92; 799 NW2d 184 (2010) (O'Connell, J., concurring.).³ The same is true under federal law.  The Controlled Substances Act (CSA), 21 USC 801 et seq., makes all marihuana-related activity illegal, including the possession, manufacture, and distribution of marihuana.  See 21 USC 812©, 823(f), and 844(a).⁴ 

 

 

 

 

 

 limited, should exist a very limited, highly restricted exception

 

All the MMMA does is give some people limited protection from prosecution by the state, or from other adverse state action in carefully limited medical marijuana situations."

[trichcycler]

if Bay City/their insurance finds they cant afford the settlement maybe residents wont mind footing the bill.

[Restorium2]

I saw his post today he says now its 7.5 Million Dollars he wants i hope he gets it all but i do not think it will ever happen but if it was to happen i do know he is good at what he does and knows a lot of Laws i've talked to him before all this happened  i think last year at the Cup

 

i also know as Mal has said people have gotten their cannabis back a few times that i know of i have  been to another case where she is fighting to get her things back and cannabis returned a

 

PS He is my best friend and i supported him for Governor when he was running 

Why haven't we ever heard a word here about it? A jury trial like this? Then he won and no one said anything?

 

I would like to hear about this on the local TV news. They put a story on about a dog owner injuring his dog with an arrow. They put it on almost every day because the owner is in court over it. The dog didn't even die. But not a single word about this as it went on for years! How can we use this to help local people if it never even makes the TV news?

[bobandtorey]

Why haven't we ever heard a word here about it? i'm not sure why you didn't here about it because i did 

 

 Then he won and no one said anything? i don't  like posting things that i may know about without the person giving me the OK 

 

I would like to hear about this on the local TV news. I agree you / me  i would like to here about not one person in Oakland County has been able to even have a jury trial that can tell a jury they have a card that would help me out a lot because all the people i tell don't believe it or most don't 

 

i didn't go to his Court day because it was to far for me and no money for gas or i would have 

 

 256 grams of unusable cannabis, 7 grams of hashish ? Lets see if he does get his Hashish back then i will believe he may get paid

Edited August 10, 2015 by bobandtorey

[trichcycler]

noticed no mention of a charge for the big ball of hashish, a preparation thereof.

 

I think he'll settle out of court for some thousands of dollars. families of people getting killed by cops don't get 7 million dollars do they ?

is this the same man who lost a family member in an auto accident in recent years?  I hope him and his family find peace in their area soon.

[Restorium2]

noticed no mention of a charge for the big ball of hashish, a preparation thereof.

 

I think he'll settle out of court for some thousands of dollars. families of people getting killed by cops don't get 7 million dollars do they ?

is this the same man who lost a family member in an auto accident in recent years?  I hope him and his family find peace in their area soon.

After all this, facing a prosecutor down defending himself, convincing a jury and winning, you think he will settle out of court? 

 

I think that would be really out of character. He's a winner winning now. Fighting against losers losing.

[Restorium2]

I think the question here that all this revolves around, and is in particular interest to a juror, is why did they take his car and grapefruits in the first place? He obviously was not over count at all. He was obviously a bonafied patient. He was obviously discriminated against because of his choice of medicine. I've had that happen in that town also. Right while this was all going on, probably by the same officers. Nothing I can sue over because it isn't so well documented as what our winner here has to work with. 

[GregS]

I've met Patrick, and it is entirely his style. He is, if anything, persistent.

[bobandtorey]

256 = 9.1 OZ of unusable cannabis ? 7 grams of hashish + the grapefruit   Ok i got it 

 

First i would like to see if he gets his cannabis and Hashish back 

 

Don't  take the above post Neg. i do hope he wins but it will be a cold day in Hell that day will come where this State gives him over 7 million dollars any the soon