Defendant's Attorney: Not Available

Description: Detroit, Michigan personal injury lawyer represented the Plaintiff who sued the Defendants on civil rights violation theories.


On May 3, 2023, Plaintiff, Hussein Naji, as personal representative of the Estate of Ali Naji, filed this civil rights lawsuit against the City of Dearborn and City of Dearborn police officer, Timothy Clive, arising from the shooting death of Ali Naji (Naji) on December 18, 2022 at the City of Dearborn Police Headquarters. Plaintiff filed an amended complaint on May 8, 2023.

This case arises from a tragic incident that occurred in the lobby of the City of Dearborn Police Headquarters on December 18, 2022, at 3:32 p.m. when Corporal Timothy Clive (“Clive”), a 14-year veteran of the Dearborn Police Department, shot and killed Plaintiff's decedent, 33-year-old Naji. (ECF Nos. 11, 12; ECF No. 15-1, Exhibit A, transcript of deposition of Clive, pp. 18-19). The incident was captured on five surveillance cameras: (a) the “Lobby Desk” camera, positioned above the front desk; (b) the “Lobby Doors” camera, which monitors the main entrance directly across from the front desk; (c) the “Lobby Elevator” camera, positioned near to and above the lobby's elevator to the right of the front desk; (d) the “Lobby Waiting” camera, positioned above the lobby's waiting room to the left of the front desk; and (e) the “Front Circle” camera, positioned outside the police station's circle drive facing northwest. (Exhibits B1-B5). Defendants' motion is based primarily upon the Lobby Elevator footage - 3:32:383:33:02 (a period of 24 seconds) - because this section of footage depicts the movements of both men.


Clive was working the “position-1 desk” in the rear of the police station. (ECF No. 15-1, p. 73). Between the other police officers and civilian staff on duty/working that afternoon, there were eleven or so people in the police station at the time of the shooting. (ECF No. 15-1, p. 92). Though December 18, 2022 was a Sunday, the police station was busy because members of the public were dropping off/picking up Christmas gifts in support of the police department's “No Child Without a Christmas Toy Drive.” (ECF No. 15-1, pp. 89-91). Clive described December 18, 2022 as “one of the more busy Sundays I ever worked.” (ECF No. 15-1, p. 91). At the time of the incident, there were no members of the public in the lobby of the City of Dearborn Police Headquarters. (ECF No. 15-1, PageID.192). Clive could not recall when the last civilian was in the lobby before Naji entered the station. (ECF No. 15-1, PageID.195).

At 3:32:38 p.m., Naji entered the lobby through the front door. He was darkly dressed, wearing black pants, a black jacket, a black winter hat, and a Covid-style face mask. (Exhibit B3, Lobby Elevator, 3:32:38). Clive saw Naji enter the lobby via a closed-circuit television mounted near the position-1 desk. (ECF No. 15-1, pp. 73-74). He then walked to the front desk and greeted Naji, asking him “How you doin?” (ECF No. 15-1, pp. 74-75, 93; Exhibit B1, Lobby Desk, 3:32:48). Naji, using his right hand, removed a handgun from his rear waistband, pointed it at Clive, and pulled the trigger. (ECF No. 15-1, pp. 93-94; Exhibit B3, Lobby Elevator, 3:32:48 - 3:32:50). The gun malfunctioned and no bullet was fired. The Lobby Elevator footage shows a portion of Clive's body jumping back when Naji produced the gun. (Exhibit B3, Lobby Elevator, 3:32:50). Naji then attempted to correct the gun's malfunction by reloading the magazine and pulling back on the weapon's slide so as to rack a bullet into the chamber. (ECF No. 15-1, p. 94; Exhibit B3, Lobby Elevator, 3:32:51-3:32:56).

When Naji produced the gun, Clive shouted “gun, gun, gun, . . .” to alert his colleagues of the emergency. (ECF No. 15-1, p. 82; Exhibit B1, Lobby Desk, Exhibit B2, Lobby Doors, 3:32:51-3:32:55). When Naji pulled the trigger, Clive heard it “click.” (ECF No. 15-1, p. 94). Clive then watched Naji reload the magazine and pull back on the weapon's slide. (ECF No. 15-1, p. 94). He believed Naji “was in the process of fixing a malfunction to kill myself or to kill anybody else that entered that lobby.” (ECF No. 15-1, p. 95). Clive slid open the front desk window and fired seventeen shots in a continuous, 4-5 second volley (ECF No. 15-1, pp. 69, 81, 85-86; Exhibit B3, Lobby Elevator, 3:32:56 - 3:33:01). It is unclear how many shots struck Naji, but it appears that Clive's first shot - perhaps his first two shots - missed Naji and instead struck and shattered a window of the front vestibule. (Exhibit B2, Lobby Doors, 3:32:57). Naji fell to the ground early in the shot sequence. From a review of the audio and video, it looks and sounds as though six shots were fired before Naji was on the ground. (Exhibit B1, 3:32:5658; Exhibit B3, 3:32:58). Clive “never saw [Naji] drop the gun” though he did see Naji “rearing up onto his right side” as if “he was still going to try to shoot and kill me.” (ECF No. 15-1, pp. 95-96; Exhibit B3, Lobby Elevator, 3:32:57 - 3:33:00). At the point where Naji appeared to stop “rearing up on his right side,” 14 shots had been fired. (Exhibit B3, 3:33:00; Exhibit B1 3:33:00). Clive continued to fire until he “thought the threat was neutralized.” (ECF No. 15-1, p. 96). The last three shots ended less than two seconds after the point where Naji appeared to stop rearing up on his right side. (Exhibit B1 3:33:01:754).

On the Lobby Waiting camera, Naji can be seen losing control of the gun around the same time the window shatters. (Exhibit B4, Lobby Waiting, 3:32:57). His gun came to rest at the base of the front door (behind the signpost). (Exhibit B2, Lobby Doors, 3:32:57 forward). From the time Naji entered the lobby to the time Clive opened fire, 18 seconds passed. (Exhibit B3, Lobby Elevator, 3:32:38 -3:32:56). There are six separate entrances into the lobby: (a) through the door Naji used, i.e., the public entrance; (b) through the door on the right side of the front desk which leads down into the lobby; (c) through a more secure door to the right of and behind the front desk; (d) off an elevator, also to the right of the front desk; (e) through a door to the left of the front desk which leads from the records department; and (f) via the lobby stairwell. (ECF No. 15-1, pp. 92-93).

Plaintiff denies that Clive knew Naji's intent was to kill the officer or to kill anybody else that entered the lobby. While Plaintiff acknowledges that Naji brandished his firearm about 11 seconds after he entered the lobby, Plaintiff argues that it is unclear whether Naji directly pointed the gun at the officer because Clive was behind the bullet resistant glass in the lobby and there was no immediate risk to himself or to others. Two seconds later, there is a pause as Naji examines his gun. Plaintiff maintains that Clive shot Naji when he did not pose a serious threat. This is so, according to Plaintiff, based on the five to seven second gap when Clive observed Naji and the weapon before he fired at Naji and he failed to implement any de-escalation measures or give Naji any verbal commands. (ECF No. 15-1, p. 88:15-18, p. 190). Plaintiff also suggests that Clive could not legitimately have been in fear for his life because he was behind bullet resistant glass, he was not aware that it could be penetrated by a projectile, and he proceeded to open the window and discharge his firearm. (ECF No. 15-1, pp. 191-192). According to Plaintiff, if Clive felt unsafe or under threat, he would not have opened the window to shoot Naji. Plaintiff also contends that, contrary to Clive's testimony, the video of the incident does not unequivocally indicate that

Naji was “rearing on his right side” as if “he was still going to try to shoot” after having been shot by Clive. (ECF No. 15-1, PageID.194).

Outcome: Granted

Plaintiff's Experts:

Defendant's Experts:

Comments: