Amended Complaint

[Nick Hadous <nhadous@hadousco.com>]

Gentlemen,

 

We are writing pursuant to L.R. 7.1 to seek your consent to permit Plaintiffs to file an Amended Complaint.  Specifically, plaintiffs propose adding the following claims:

1.      42 U.S.C. § 1983 – Conspiracy (Defendants Keller and Cates)

           2.       42 U.S.C. § 1983 – Fourteenth Amendment – Brady Violation (Defendants Keller and Cates)

           3.       42 U.S.C. § 1983 – Fourteenth Amendment – Perjury (Defendant Keller)

          4.       42 U.S.C. § 1983 – Fourteenth Amendment – Monell Claim: Unconstitutional Custom, Policy, and Practice (Defendant City of Dearborn Heights)

The basis for these claims is based on Defendants failure to disclose exculpatory evidence in the matter of People v. Joseph Saad Case No. 10-8999).

 

Defendants provided a Supplemental Response to Plaintiffs’ First Request for Production of Documents No. 3 by correspondence and enclosure dated October 6, 2011, copies of the individually-named Defendants’ in-car video and audio recording of the incident giving rise to the Plaintiffs’ cause of action.  The contents of the recordings establish that Plaintiff Joseph Saad was falsely and maliciously prosecuted on the basis of Defendant Keller’s perjured testimony regarding whether he was “assaulted” by Plaintiff Joseph Saad.  These recordings were not provided to Plaintiff Joseph Saad or to his defense attorney during the unjust criminal proceedings initiated by the Defendants against him and his mother Plaintiff Zihra Saad.  Further, when Plaintiffs initially requested these recordings in their First Request for Production of Documents, Defendants responded, “Defendant has no such recordings.”

 

We planned to file this Motion today.  We have made repeated attempts to contact Mr. Clark by telephone and email during the past week (to no avail).  We do not intend you to rush to judgment, but if we do not receive your consent by 3:00 p.m., we will assume Defendants' consent is withheld.

 

Cordially,

 

Nick

--

____________________________________
HADOUSCO. |PLLC
Offices in Dearborn, MI and Scottsdale, AZ

Nick N. Hadous

Admitted:

-  State Bar of Arizona

-  State Bar of California

-  United States District Court,

    District of Arizona

     Eastern District of Michigan

____________________________________

Direct:    313.415.5559
Office:    313.450.4670
Fax:        313.846.6358
Email:    nhadous@hadousco.com
              www.hadousco.com

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that, to the extent that this communication or any attachment addresses a tax matter, it was not written to be (and may not be) relied upon to (i) avoid tax-related penalties under the Internal Revenue Code; or (ii) promote, market or recommend to another party any transaction or matter addressed herein or in any such attachment.

CONFIDENTIALITY NOTICE: This email message and all attachments transmitted with it are intended solely for the use of the addressees and may contain legally privileged, protected or confidential information. If you have received this message in error, please notify the sender immediately by email reply and please delete this message from your computer and destroy any copies.