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Rifle-Toting Teen Sues City of Birmingham for Violating His Civil Rights

Sean Combs, 18, was arrested for carrying a rifle in downtown Birmingham in April; he was found not guilty of disturbing the peace and brandishing a firearm in July.

 

UPDATED 5:20 p.m.: Sean Combs, the 18-year-old Troy resident who was arrested in April for openly carrying his loaded rifle through downtown Birmingham, filed a lawsuit Friday at Michigan Eastern District Court in Detroit alleging the City of Birmingham and three officers from the Birmingham Police Department violated his civil rights when they arrested him in April.

Combs was found not guilty of brandishing a firearm and disturbing the peace by a seven-member jury on July 12 at 48th District Court in Bloomfield Township. A third charge of obstructing an officer was dismissed during trial due to lack of evidence.

"I tried being nice," said Combs, a recent Troy High School graduate who currently attends Oakland Community College. "They turned down the initial settlement."

The lawsuit was filed Friday against the City of Birmingham as well as Birmingham Police Lt. Michael Albrecht and officers Rebekah Springer and Gina Potts, who arrested Combs in April.

In total, Combs is suing the city and its police officers for one count of false arrest, one count of false imprisonment, one count of malicious prosecution, one count of second amendment violation and one count of municipal liability.

City attorney Tim Currier told the Detroit Free Press the complaint will be fought, adding that police didn’t do anything wrong.

Concerning the initial settlement proposed by Combs and his new attorney, Matthew Kolodziejski, Birmingham City Manager Bob Bruner said the city's liability insurance agent — Meadowbrook Insurance Group — received a verbal demand of $40,000 on Sept. 10 as part of Combs' initial complaint.

According to Bruner, the city took no further action on the complaint and didn't hear from Combs until Kolodziejski filed the lawsuit Friday.

Combs said he and Kolodziejski haven't decided on an official dollar amount, though he still plans on suing for around $40,000. Combs said fees for his previous attorney, Jim Makowski — a Dearborn-based attorney specializing in Second Amendment issues — amounted to roughly $6,000 and weren't reimbursed by the city following the not-guilty verdict in July.

"I just want them to admit guilt," Combs said. "I just want them to say, 'we screwed up.'" He added that an apology now would be "too little, too late."

A court date has not yet been set.

According to the lawsuit, Birmingham police officers falsely testified during Combs' trial, telling the court that Combs did not provide idenfication and acted in a "loud and unruly manner."

However, the civil suit notes that "Mr. Combs complied with the Defendant Police Officers' request to provide his identification," handing his driver's license to one of the officers. It was after this that he was arrested, the lawsuit reads.

"All Defendant Police Officers acted under color of law but contrary to law,and intentionally and unreasonably deprived Mr. Combs of rights, privileges, and immunities secured by the Constitution (and) laws of the United States," the lawsuit reads.

Teen's initial arrest spurs open carry protests in Birmingham

Combs was arrested on April 13 after he was stopped by two Birmingham Police officers while he had his loaded M1 Garand rifle slung over his shoulder. When officers asked for identification, Combs refused.

As an adult, Combs was legally able to carry the rifle — a birthday present from an older brother — and under Michigan law, he wasn't required to show police ID.

Combs' arrest caused an uproar in the open carry community, which has since rallied around Combs to show support.

Open carry advocates, many of whom learned about Combs' case on opencarry.org, have gathered as a group in Birmingham's Shain Park twice now — once in June and again in July — while openly carrying rifles and pistols in support of Combs. In late July, Combs gathered with fellow open carry advocates at Shain Park while openly carrying his rifle for the first time since his trial.

Related Topics: Birmingham Police Department, Lawsuit, and sean combs
What do you think of the lawsuit? Tell us in the comments.

Anonymous

10:11 am on Wednesday, October 17, 2012

It's obviously not enough for Mr. Combs to accept that he was acquitted of the charges, but now he has to seek monetary compensation? He did what he did "just because" he could. Well, "just because" it was legal for him to openly carry and refusal to provide ID (deeming it an "invasion of privacy") does not earn him my respect for the fact he has those legal rights. As a resident of Birmingham, and in the wake of gun issues in downtown Birmingham, I would have been extremely uncomfortable (not to mention frightened) to see anyone just walking around, toting a long gun over his shoulder, "just because" he can. I don't understand why Mr. Combs got his kicks from doing something that clearly scares people around him, "just because" - he is not a very wise young man, if he believes this was appropriate behavior that should now be rewarded or compensated with financial gain from a lawsuit to prove his position further.

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DanM

12:11 am on Thursday, October 18, 2012

So you don't have a problem with illegal arrests and malicious prosecutions? That is all the the Combs lawsuit is all about.

Clinton Baller

10:19 am on Wednesday, October 17, 2012

Birmingham: Defend this vigorously. The kid is misguided, and he and his handlers are looking only to cash in for attention and money. They'll get the attention, unfortunately, as any whacko willing to carry a loaded rifle through town would. Don't let them get the money. Don't settle for a dime!

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Wayne Crawford

6:20 pm on Wednesday, October 17, 2012

If the kid really wanted money, he would have filed in Federal court rather than state. The last Federal case (of this nature) that went to jury awarded the plaintiff several hundred thousand more than was asked (in punitive damages), the police officer lost their qualified immunity (meaning they had to pay up themselves about $90k each). Yes, Birmingham, please fight this tooth and nail. I want to see punitive damages that will bankrupt the city.

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DanM

12:16 am on Thursday, October 18, 2012

The Combs lawsuit addresses his illegal arrest and malicious prosecution of him. Surely, you agree that illegal arrest and malicious prosecution are things that are quite legitimate to sue over?

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MsMaidstone

6:32 am on Thursday, October 18, 2012

Don't settle for a dime? I understand your passion for your position, but you clearly have never been involved in a lawsuit especially one where the plaintiff is trying to make a point. . The last penny this plaintiff gets will likely be your last penny as well. Often quick and early settlement is the best way out of a bad spiraling situation.

Rob Cirillo

10:36 am on Wednesday, October 17, 2012

Oh please, B'ham snots!!! The police/government arrest the "kid" for doing something that is NOT ILLEGAL, and the cops knew it. But to 'have the people feel safe'? Everyone should carry, it would be a more polite society...especially in a place where it is needed...like downtown Birmingham! Grew up there, glad I left. Hope the kid bankrupts the city!

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Margaret Betts

11:13 am on Wednesday, October 17, 2012

Many are glad you left also..................

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Don Dishman

11:21 am on Wednesday, October 17, 2012

It is legal to carry a loaded weapon openly on the streets of Birmingham? And what if he had been one of those crazies, i.e, Aurora, Colorado, that was on his way to kill people? Why else would he be carrying a gun, loaded, ready to use. You can't hunt game on the city streets? There are no gun ranges for target shooting? What would you think if you were a law enforcement officer if you came up on this? Shouldn't ask you because you think its okay. He is lucky they didn't shoot him down on the street!

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Debbie Thomas

11:49 am on Wednesday, October 17, 2012

I don't know Mr. Cirillo, but we should all live where we feel most comfortable. Often those with a less Birmingham set of manners feel more comfortable in the outer suburbs.

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Rob Cirillo

8:09 am on Thursday, October 18, 2012

Look, at the core it's about the principal. When I first read this article both on FB and B'Patch, and read the comments, I was absolutely floored! And I'm sure the kid is a 18 year old punk (like I was) looking for attention for some reason or another.

I believe that one is too many, but there are 400 robberies in B'ham each year, with a population of 20,000...that's more than one a day! I also believe that we should all open carry, and no concealed weapon option.(although ALL first time gun buyers should take a CCW class to know when is the appropriate time to shoot) But like I said, @ the core it is about the principal, our rights should not be infringed upon no matter if your on this great land in a village in Alaska, or in the downtown of "high society" Birmingham.

Debbie Thomas

10:42 am on Wednesday, October 17, 2012

I totally agree with Clinton Baller. Let this case come to light--let us examine every move and every word by every participant so we townspeople can learn from it.

Years ago we taught our kids who grew up in Birmingham to obey police orders first and ask questions later. We all assumed it would not hurt to just go along with it in the rare case of a "police situation".

Then a lot of people from outside who were not raised with Birmingham manners were swept in by the real estate bubble. Yes, they are uncivilized, but many of us just ignore them. Actually, many of those who are not upside down on their mortgages have moved out because they know they will never be accepted because of their crude manners.

However, this new breed of outsider who comes for dubious entertainment must be studied more thoroughly and eventually managed effectively. Until then the townspeople who live here cannot safely go downtown after dark.

then

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Don Dishman

10:55 am on Wednesday, October 17, 2012

I suspect this young man has a house full of these sort of things. Permissive parents, spoiled kid, has no sense of respect or responsibility that is obvious. Who was to say what he was going to do with that rifle? Has Birmingham reached the point where a shoot out at the OK Corral is in the near future? Suppose a police officer had reacted in another way, had drawn his service weapon? I am surprised a law enforcement officer didn't shoot this young man and in my eyes rightfully so.How many mass shootings have happened by someone carrying a weapon like he was? When are you going to have your citizens walking the streets with weapons on their hips? This is the NRA and gun nuts gone crazy. There is a limit that reasonable people will go to. This went beyond. And now he wants money? Just the kind of person you want living in your community! Good luck.

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Debbie Thomas

11:53 am on Wednesday, October 17, 2012

Mr. Dishman--I am afraid you are a generation behind in your analysis of the Combs family. The father is out of the home--oddly enough a retired police officer. The mother wore a tight, low top to the gun protest they had here that was worthy of the Kardasians.

Don Dishman

10:57 am on Wednesday, October 17, 2012

When I grew up in Michigan Birmingham was the place to be. The good folks lived there. Hang political affiliation. Birmingham was a great city. And now? You are acting a lot like the city I live in here in Florida. Gun nuts populate the state here. They are in charge.

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Brian Blaesing

2:17 pm on Wednesday, October 17, 2012

Oh, so now he wants money? I thought he just wanted to have his constitutional rights validated. He is from Troy; wish he had carried his rifle down Big Beaver Road and into Somerset Mall to prove his point, instead of bothering us in B'ham. The Troy Police would not have been so nice.

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Debbie Thomas

4:28 pm on Wednesday, October 17, 2012

Brian--Chill, chill. Every dollar we spend, and spend we will, will yield information about how people like us should deal with the diverse types of people we have attracted with our shift to entertainment functions. (And, late days, the Planning Board and BCC should have had more behavioral experts on board when they made the shift. As I recall, we had many resident experts who specialize in such matters ready to give us FREE advice back in the day, but the architects and city planners knew all--or so they thought.

Daniel Murray

7:53 pm on Wednesday, October 17, 2012

Arguing with a gun nut always ends up with them undermining their own argument. The more they talk the more you realize they probably shouldn't own a firearm. When you cite the dangers of assault weapons they cite how firearms could save people's lives. So far, the grim tally of domestic mass killings by those with firearms exponentially outnumbers the cases where an armed civilian has prevented a mass killing. Also, we shouldn't have to all carry around our own gun to feel safe.

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Alan Stamm

7:31 am on Thursday, October 18, 2012

From Deadline Detroit news site column today:

"Plenty of people contend that Combs was being an ass by needlessly toting a rifle through town. But a nation of laws is obligated to protect asses and non-asses alike, especially when they're exercising rights that, like speech, are supposed to be guaranteed." -- Darrell Dawsey, http://bit.ly/S5ofJq

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Rob Cirillo

8:09 am on Thursday, October 18, 2012

Look, at the core it's about the principal. When I first read this article both on FB and B'Patch, and read the comments, I was absolutely floored! And I'm sure the kid is a 18 year old punk (like I was) looking for attention for some reason or another.

I believe that one is too many, but there are 400 robberies in B'ham each year, with a population of 20,000...that's more than one a day! I also believe that we should all open carry, and no concealed weapon option.(although ALL first time gun buyers should take a CCW class to know when is the appropriate time to shoot) But like I said, @ the core it is about the principal, our rights should not be infringed upon no matter if your on this great land in a village in Alaska, or in the downtown of "high society" Birmingham.

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Debbie Thomas

11:04 am on Thursday, October 18, 2012

Mr. Cirillo--You say you grew up in Birmingham. I accept that. I will add that either the educational system here failed you or you rejected it. My proof is the word principle, principle. Oh, no, I just saw you're. I am certain with your misuse of basic spelling and grammar you should look for social acceptance elsewhere.

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Rob Cirillo

2:46 pm on Thursday, October 18, 2012

Really, Ms Thomas? Your going after my personal grammar and spelling errors to 'debunk' the truth and make up your own laws? Please, find another angle lady.

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H.L.

3:16 pm on Thursday, October 18, 2012

Rob, as an 18yr old punk kid. how many times did you walk around with a loaded rifle in Birmingham? Ever go to a party with one, movie, dinner, or just hanging with your friends? It was your right. What would your folks have done if you were caught walking around with rifle? Just curious. We are from same generation, Id assume based on our many mutual friends, and agree that we may have been punk kids, but id bet that you were probably not such an attention whore, and knew that although legal, it probably doesnt make it the best idea. We also grew up in a time, when people werent gunning down people in movies, at schools, hair salons, or other places, at least not at the regularity that happens today. Courtesy and respect for our fellow citizens goes a long way in cutting down on crime and hatred, as much as toting guns. If we disagree, then so be it. just having conversation

H.L.

5:55 pm on Thursday, October 18, 2012

Mrs Thomas, attacking someone on something so petty as their spelling is exactly why people despise Birmingham and its residents. The elitist attitude in your attack of Rob and his education has nothing to do with this discussion. You may have listened during grammar class, but it certainly appears that manners was not your strong suit. We can agree to disagree and all voice our opinions, but that comment is a little low, in my opinion.

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Debbie Thomas

6:43 pm on Thursday, October 18, 2012

Ok, Ok, the lazy your may be Ok in the context. But principal when speaking about principle, really, really???? That invites a response of keep your thinking to yourself, Mr. Cirillo, you careless person. And, make accusations of pettiness if you will, but it is precisely because we train most of our Birmingham students in performing above the average that they go into adult lives and perform on average much better than most. What do you expect of your kids--just good enough, just within the law? I doubt it.

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