Gerald and Alecia Wilcox v. City of Detroit et al

Plaintiff, Gerald Wilcox, 43, was arrested in his home in a quiet Detroit suburb by two Detroit Police Dep’t. officers looking for a Gerald Wilcox in his 20s who robbed a Family Dollar store in Detroit the previous day. The warrantless arrest, without consent or exigent circumstances, occurred in front of Wilcox’s wife and teenge son. Wilcox spent 15 days in the county jail before the Officer-in-Charge admitted that he learned the night of the arrest that the plaintiff was the wrong person. Charges were dismissed 6 weeks after the arrest when an eyewitness told the prosecutor that Mr. Wilcox was not the robber. Plaintiff’s motion for summary judgment for false arrest was granted by the trial court. The City’s motion for summary judgment was granted as to the Monell claim.