Rifle-Toting Troy 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.
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."
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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.
City attorney Tim Currier told the Detroit Free Press the complaint will be fought, adding that police didn’t do anything wrong. City Manager Bob Bruner declined to comment Wednesday morning, except to say "the City will vigorously defend this lawsuit."
Combs said that though he and his lawyer, Matthew Kolodziejski, have not yet decided on an official dollar amount in the lawsuit, he plans on suing for around $40,000. He added that fees for his previous attorney, Jim Makowski, a Dearborn-based attorney who specializes in Second Amendment issues, amounted to roughly $6,000, which was not reimbursed by the City of Birmingham.
"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.
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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.
For complete coverage of the Combs case, visit our special topic page.
Angelica Anderson
8:57 am on Wednesday, October 17, 2012
omg this kid went to my school.
Madmatt
11:19 am on Wednesday, October 17, 2012
I'm surprised he didn't shoot it up.
Truepatriot Constitution
12:07 pm on Wednesday, October 17, 2012
And?
From what I've read he was an exceptional student. Maybe more kids should be as aware of their rights before they're gone.
Glenn
9:20 am on Wednesday, October 17, 2012
$40,000 should buy him a nice used double-wide and a lifetime supply of "Don't Tread On Me" bumper stickers.
GambitofTroy
10:41 am on Wednesday, October 17, 2012
And perhaps Birmingham police might not be so hasty in violating the rights of innocent law abiding citizens.
DanM
11:30 am on Wednesday, October 17, 2012
You're speaking from experience, I'm sure.
Glenn
12:21 pm on Wednesday, October 17, 2012
I'll lay you odds that if he wins, $40,000 will be the most he pockets in a single year for the rest of his life. Unless, he shoots himself or a family member and sues the NRA because they kept telling him that "guns don't kill people, people kill people."
cookiepro2
1:29 pm on Wednesday, October 17, 2012
Maybe he's looking at college tuition? I am now aware that Hillsdale College has an emphasis on the Constitution (thanks to the Mayor of Troy), perhaps that's a good match for Combs...anyway he will have an interesting essay for them.
GambitofTroy
4:33 pm on Wednesday, October 17, 2012
Glenn your trolling efforts are so silly...
M&P9 Pro
12:49 pm on Friday, October 19, 2012
Don't worry Glenn, he already has some.
jholeton jr
9:27 am on Wednesday, October 17, 2012
Hopefully, this young man will get a good lawyer & get a million dollars for the City of Birmingham violating his civil rights. Corrupt politicians & the police that protect them need to learn a hard lesson by getting re-educated on our constitution. Whenever this guy wants to hold a protest in front of City Hall, I will show up!
Jen Anesi
11:23 am on Wednesday, October 17, 2012
A comment was deleted for violating our Terms of Use.
K. Niner
12:36 pm on Wednesday, October 17, 2012
I am rooting for the City of Birmingham on this one. This kid obviously wanted to create a stir by openly carrying his gun in town, and he should not get anything other than his notoriety for this. "Just because you CAN do it doesn't mean you SHOULD do it." Alas, however, we will most likely next see this kid's name associated with some negative act where he is off to jail again....
DanM
3:59 pm on Wednesday, October 17, 2012
"Just because you CAN do it doesn't mean you SHOULD do it."
--K. Niner
I've got a saying for the cops and prosecutor who wrongfully arrested and wrongfully prosecuted:
"Just because you DO do it doesn't mean you CAN do it nor does it mean you SHOULD do it."
Doing illegal things, like abuse of power in wrongful arrests or wrongful prosecutions, is definitely much, much worse than doing things that, while uncommon, ARE legal.
K. Niner
12:45 pm on Thursday, October 18, 2012
The boy wasn't arrested until he refused to cooperate with the police and give any identification.
M&P9 Pro
12:46 pm on Friday, October 19, 2012
K. Niner: the "boy" doesnt have to show ID or cooperate with police because they didnt have RAS to stop him in the first place. Just because they police tell you to jump, doesnt mean you have to say how high.
Truepatriot Constitution
9:37 am on Wednesday, October 17, 2012
I knew it wouldn't take long for the brain dead comments to show up. Thanks for not disappointing me.
His civil rights WERE violated, he will win, and the city is stupid for not accepting an initial offer to settle.
Now on top of the additional legal fees, the ignorant voters who elected the city officials will shell out more tax dollars.
Good job Birmingham!
Madmatt
11:18 am on Wednesday, October 17, 2012
2nd amendment is the only one that allows you to kill other citizens and take away their rights.
Truepatriot Constitution
12:00 pm on Wednesday, October 17, 2012
By all means Matt, please cite your proof of where the 2nd Amendment allows anything you stated.
Ill wait...
Birmingham Dad
10:53 am on Wednesday, October 17, 2012
Unbelievable. If I'm downtwon Birmingham with my kids and I see a kid toting an M1 rifle I want the police to take action. He disturbed the peace. People were afraid. Good for Birm. Don't settle. This kid should get zilch.
Mike Hunt
11:24 am on Wednesday, October 17, 2012
Maybe you'll get arrested for child abuse. It's a crime to have children in downtown Birmingham.
DanM
11:36 am on Wednesday, October 17, 2012
Given B'ham's missteps with wrongfully arresting and wrongfully prosecuting, I'm sure they likely won't disappoint you in wrongfully not settling. Yes, this will likely end up costing B'ham's taxpayers more than it ever should have, due to the evidently poor decision-making exhibited by the city's "leadership".
Truepatriot Constitution
12:02 pm on Wednesday, October 17, 2012
The only ones who disturbed the peace were the Police themselves.
There were no 911 calls, nobody was running in fear, nobody even noticed. That is until the police showed up and started the disturbance themselves.
Get your facts straight...
Danny Griffin
2:36 pm on Wednesday, October 17, 2012
Nobody was afraid. Nobody called the police. He wasn't disturbing the peace, and what he was doing was lawful. Just what action do you want the police to take?
Steve Walker
5:40 pm on Wednesday, October 17, 2012
Some would say you opening your mouth is disturbing the piece. Can we throw out your 1st admendment rights along with his 2nd.
He is 18, legally he is not a kid.
Don't be so afraid of the US Constitution...embrace it.
Lianne Mathie
9:04 pm on Sunday, April 28, 2013
Hey Mike Hunt, we used to call the bar and ask to have you paged. Finally found you. Thank God!
ToolBag
11:44 am on Wednesday, October 17, 2012
So now disturbing the peace is defined as making a Birmingham Dad wet his pants at the sight of a firearm. Dad needs to look outside of his little bubble, man up, and be packing his own for the protection of himself nad his loved ones...when seconds count the police are minutes away.
Truepatriot Constitution
12:05 pm on Wednesday, October 17, 2012
Well said sir.
GambitofTroy
4:27 pm on Wednesday, October 17, 2012
Why do we need to carry guns...the government will protect us/care for us/take care of us/feed us/provide for us...right?????
Danny Griffin
7:20 pm on Wednesday, October 17, 2012
> Why do we need to carry guns...the government will protect us
Yes. Oh, wait...
Law-enforcement has no duty to protect individuals. South v. Maryland
There is no duty owed by the police, the city, or the state to act to prevent or avoid harm to citizens. Susman v. City of Los Angeles
The state has no affirmative duty to protect an individual, even if they know that person is in danger. DeShaney v. Winnebago County Department of Social Services
Neither the police nor the government is liable to victims for failure to provide adequate police protection. Warren v. District of Columbia
Police departments enjoy absolute immunity for failure to provide sufficient police protection. Hartzler v. City of San Jose
Neither cities nor police departments are responsible for failing to enforce restraining orders or protect citizens. Castle Rock v. Gonzales
“Failure to provide adequate police protection will not result in governmental liability, nor will a public entity be liable for failure to arrest a person who is violating the law.” Antique Arts Corp. v. City of Torrence
“There is no constitutional right to be protected by the state against being murdered.” Bowers v. DeVito
Jen Anesi
11:51 am on Wednesday, October 17, 2012
Ladies and gents, I'd like to remind you now to please be civil and refrain from name calling, using profanities, insulting other users or violating any of our other Terms of Use (which you can read here: http://troy.patch.com/terms). I love a good, RESPECTFUL debate, but if this gets out of control, I will shut down the comments.
Thank you.
Cody
11:59 am on Wednesday, October 17, 2012
Madmatt, it amazes me how people will be more than glad to use the First Amendment to put down the Second. Criminals are the only people who murder, and these people, for the most part, obtain firearms illegally. And for you to say you were surprised he didn't shoot up his school, law abiding citizens are not the sociopaths you anti's make us out to be.
cookiepro2
12:50 pm on Wednesday, October 17, 2012
What was the initial settlement amount that Combs mentioned he'd have accepted from Bhm? Maybe it would have been worth paying him instead of going through the whole circus of a trial again.
Proud American
12:53 pm on Wednesday, October 17, 2012
We have the right to keep and bare (own and carry) arms, so if my rights bother or offend you in some way, you have the right to stay home and not be offended.
Paul
1:59 pm on Wednesday, October 17, 2012
Tough guys with guns. Put your guns down and your dukes up. We will see who the real men are. Rifle in Birmingham? Looking for trouble. No one wants to take your guns, boys.
DanM
4:08 pm on Wednesday, October 17, 2012
Advocating fighting instead of lawful carry for self-defense is a sure sign that you do not understand the issue.
GambitofTroy
4:30 pm on Wednesday, October 17, 2012
This post might be relevant if he were threatening or brandishing or doing something else of the like but as he was not...this post is not!
By the way...My Dad can beat up your dad!
Johny Gee
8:59 pm on Wednesday, October 31, 2012
Yeah- except they did take his gun Jocko e troll.
Cody
2:25 pm on Wednesday, October 17, 2012
Why is it when we carry a firearm, we are called tough guys or guys who are compensating for something? Never understood the logic behind that! But when we have criminals with guns in our country, then the only means of fighting back is with a gun. We are only exercising our rights, not to make a statement that we are somehow more powerful than the next person. A right unexercised is a right lost.
GambitofTroy
4:32 pm on Wednesday, October 17, 2012
Because people are scared to posses guns of their own and therefore do not want you and I to have them either. But as you pointed out THE BAD GUYS ALWAYS HAVE THEM!!!!!!!!!!!
DanM
4:14 pm on Wednesday, October 17, 2012
In these tough economic times, Birmingham residents should ask themselves how they are being served best by a city leadership who defend wrongful arrests, pursue wrongful prosecution, and now--as a result of the first two--face a legitimate lawsuit which they are wrongfully not seeking to quickly settle? Do Birmingham taxpayers really have that much money that they don't care that this happens, and how much is paid out for it?
What's in the water over there in Birmingham?
Gary of Troy
5:16 pm on Wednesday, October 17, 2012
What if the police observed him walking with his loaded rifle and ignored him. Then if he shot a number of people, most of you same writers would probably be screaming that the police were negligent. His father, who is a former police officer, should tell the boy to get on with life and consider his actions a $6,000 lesson.
free thinker
5:29 pm on Wednesday, October 17, 2012
@Gary of Troy - alot of what if's there pal. What if you got drunk and ran a bus load of nuns & children off a cliff somewhere? Should we take away cars and force everyone to ride bigwheels to work? Because you may, might, could, possibly someday, do something crazy with your car? This "kid" did nothing wrong a JURY has that on the record. What more do you want? Hey I don't like people named Gary, (who cares if it's your right to choose your name, it makes me uncomfortable!) You should all have to pay out of pocket to legally change it! And consider that a $_ _ _ lesson in not offending others! This is the world you want? No thanks.
Steve Walker
5:45 pm on Wednesday, October 17, 2012
What if a meteor strikes the earth. I don't deal in what if's and neither does nor should the law.
What if someone drives a car? He could mow down a bus stop full of children.
See how dumb your what if's sound like?
What is worse is he wasn't doing anything ILLEGAL and what he was doing is PROTECTED under the US CONSTITUTION.
Johny Gee
9:03 pm on Wednesday, October 31, 2012
Gary of Troy- If the police believe you have a penis do you think they should arrest you before you rape someone?
Clementine
5:22 pm on Wednesday, October 17, 2012
Another teenager trying to get attention... enough said.
Steve Walker
5:46 pm on Wednesday, October 17, 2012
Another American practicing his RIGHTS....enough said.
Clementine
4:29 pm on Thursday, October 18, 2012
So, he was taking his loaded weapon (slung over his shoulder) to a movie theatre... this is nothing more than attention seeking behavior.
M&P9 Pro
12:55 pm on Friday, October 19, 2012
Clementine: He got to his movie EARLY and went to kill some time. Sean is more than aware that it is illegal to carry in a movie theatre without a CPL. And his weapon was across his back. if you are going to knock him knock him with correct facts please.
free thinker
5:33 pm on Wednesday, October 17, 2012
The 2nd Amendment is there to protect us from those "thugs" who would take advantage of a unarmed law abiding citizenry. No more no less. Sometimes these criminals wear masks, other times they sit behind a police chief's or mayor's desk.
They all are easily identified by how they treat lawful citizens.
Cody
5:42 pm on Wednesday, October 17, 2012
Criminals always walk around with their firearms openly displayed, not! They hide and conceal their weapons for the element of surprise. All you anti's have the same mindset and it is just overly annoying. I enjoy my liberties I have given to me by God, promised by our Fore Fathers! One of the few teenagers that know their rights!
Craig Hennigan
11:07 pm on Wednesday, October 17, 2012
I don't care for this kid doing a frivolous lawsuit. But then, it's against Birmingham. This is like the Yankees playing the Green Bay Packers. I just want both of them to lose.
DanM
8:13 am on Thursday, October 18, 2012
Illegal arrest, false imprisonment, and malicious prosecution. You consider those "frivolous" issues?
free thinker
11:41 pm on Wednesday, October 17, 2012
Craig - I wonder how you would feel if you got tossed in jail for nothing? Would you think that was frivolous? Funny how that works, isn't it?
Craig Hennigan
9:03 am on Thursday, October 18, 2012
He's a little kid smiling his smarmy little smile and never even saw a jail cell. Ya, this is frivolous. He went looking for trouble, found it, never actually got harmed because he expected this response, and now wants to get paid for it. This is the definition of frivolous. As I said though, it's Birmingham, so they deserve what's comin to them too.
DanM, lol.. puleeze. Hyperbole much?
canseeallsides
12:57 am on Thursday, October 18, 2012
Suing the city doesn't help though when they can hide behind immunity. We need to negate qualified immunity by also suing the individual's actions, and he is. They should pay with their jobs and out of their own pockets instead of misusing our taxes to pay for their mistakes, misuse and ignorance. No one should be so constitutionally ignorant as to be dangerous, especially any group that officially takes an oath to uphold the Constitution. Anyone that transgresses rights should and will be held accountable, this is not new. This should serve as another example of no tolerance for misuse of power and ignorance of rights. Know that Birmingham is not the only city facing civil rights law suits. Another local city/inc. has a wall of them pending and/or settling.
DanM
8:20 am on Thursday, October 18, 2012
"Suing the city doesn't help though when they can hide behind immunity. We need to negate qualified immunity by also suing the individual's actions, and he is."
--canseeallsides
Qualified immunity does not shield a government agent if that agent is found to have violated policy, law, or constitutional rights. Contrary to your misconception, such immunity is conditional and many officials have lost that immunity in legal proceedings. While you feel you can see all sides, it appears you were blind to this side of the issue.
canseeallsides
8:58 am on Thursday, October 18, 2012
I agree with your letters and words but I can't find it in practice, I would have listed them in the opposite order, Policy first? Like the Blue Brotherhood Policy? Many have still falsely used immunity and gotten away with up to murder. My point was exactly yours that that shouldn't stop retribution attempts. Just concentrate on the individual's decisions and actions. Read about qualified immunity in the Michigan Constitution and how it's used (abused) for about the last 100 years. Could you show where rights violations (not bodily harm) caused an official to be punished equally to a non-protected non sworn officer, I would be almost pleased to see this. To reiterate, I feel the laws should be of a higher standard (not lower or immune) when misuse is possible.
Bob
6:29 am on Thursday, October 18, 2012
To all you folks backing this idiot. You are hypocrytes thru and thru. If he had been one of the nuts jobs and opened fire killing innocent people you would ALL be screaming at the top of your lungs how the police saw this armed man and did nothing. Then you would all sue.
Definitely right wing christian conservatives.
canseeallsides
9:02 am on Thursday, October 18, 2012
I'll feed it.
"If he had been..." but he wasn't. You're argument is stop whining or we should all be locked up because anyone of us "could be" something. That's crazy talk.
Why the bigoted, stereo-type sign off? It's redundant as we already see your ignorance from the first paragraph. (You can look up redundant.)
GambitofTroy
10:35 am on Thursday, October 18, 2012
LOL - Well said Canseeallsides.
Johny Gee
9:08 pm on Wednesday, October 31, 2012
Bob- Youre showing your progressive left-wing thuggery. Maybe you should put something over it.
Cody
10:38 am on Thursday, October 18, 2012
Bob, how are we hypocrites? Because we understand our constitutional rights? I will say it again, criminals just don't openly display their firearms because of unwanted attention just as we see here with this law abiding citizen.
Truepatriot Constitution
12:13 pm on Thursday, October 18, 2012
It's easy to see the sheep.
However, I am glad they are in the minority here.
Jen Anesi
10:50 am on Thursday, October 18, 2012
Two comments were removed for violating our Terms of Use. http://troy.patch.com/terms
GambitofTroy
2:46 pm on Thursday, October 18, 2012
I understand the need to remove comments but when you post that you did it I WANT TO SEE THEM!!!!!! LOL
Alan Stamm
12:33 pm 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
GambitofTroy
1:05 pm on Thursday, October 18, 2012
On another note...99.999% of boats needlessly carry floatation devices.
Tom Sparrow
1:47 pm on Thursday, October 18, 2012
Please keep your firearms away from my family and myself. Thank you.
free thinker
4:09 pm on Thursday, October 18, 2012
@ Tom Sparrow,
Tom you can keep yourself and your family away from firearms, well maybe? Do you know that over 350,000 people in MI. carry a pistol discreetly on a daily basis? Chances are if you are at a gas station, store or restaurant there is a law abiding citizen carrying a pistol. Since you cannot see them you are okay with them right?
If you choose not to take responsibility for the defence of your life & your families that's on you. The Police can only be in so many places at once. Often they arrive too late. The choice is yours, it's personal, I respect your choice not to carry. Please respect ours to defend ourselves and our families.
Thomas Gagne
8:28 pm on Sunday, April 28, 2013
Is there a follow-up to this lawsuit? Did it get a hearing?