The family of a teen who was attacked by a man in a Livonia recreational center is suing the city, alleging negligence and lack of training and supervision.
Background
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Moeez Irfan, 29, of Livonia, bumped into a 13-year-old while passing each other on the stairway on June 8, 2023, and struck him in the head multiple times.
When police tried to arrest the 29-year-old, he resisted but was eventually subdued by multiple officers.
The assault and the arrest was captured on video.
Police say Irfan was taken to the Livonia Police Department before being transported to a hospital for psychiatric evaluation he was admitted.
The 13-year-old was taken to a Metro Detroit hospital to treat the injuries sustained during the assault.
Irfan pleads guilty
A detective conducted a follow-up investigation and submitted a warrant request to the Wayne County Prosecutor’s Office before a four-count warrant was issued, charging him with aggravated assault, ethnic intimidation, resisting and obstructing police, and habitual offender third offense.
On June 16, 2023, Irfan was released from the hospital, arrested on his warrant, and charged in the 16th District Court in Livonia. He was then transported to the Wayne County Jail.
Irfan pleaded guilty to ethnic intimidation on Sept. 1, 2023.
Teen suffers injuries
The teen attacked suffered a concussion and was unable to complete the school year. He also experienced memory loss, severe trauma and nightmares.
Teen’s family suing Livonia
The family of the boy alleges the city failed their duty to ensure their patrons are safe at the Livonia Recreational Center.
The lawsuit alleges the rec center, City of Livonia and the Livonia Police Department were aware of Irfan’s criminal record, including charges of assault and reckless behavior dating back to 2010, and still let Irfan have access to the Livonia Recreational Center.
The family said the police department did not immediately inform the public of the incident, which later raised concerns about public safety.
Count 1: Negligence and Count 2: Gross Negligence
The lawsuit said the city failed to keep the environment safe at the recreational center, including minors. The police department monitors and responds to incidents, especially involving those with known criminal histories.
Count 3: Negligent Supervision
The family accuses the recreational center of failing to have proper security measures and supervision protocols despite knowing people with violent histories were in the area. Also, the recreational center lacked supervision that directly enabled Irfan.
Count 4: Premises Liability
The recreational center had a duty to maintain the property and keep it in a safe condition. The lawsuit accuses the center of failing to do so as a teen was injured in the building.
Count 5: Intentional Infliction of Emotional Distress and Count 6: Negligent Infliction of Emotional Distress
The teen suffered physical injuries and emotional distress. The lawsuit states the lack of intervention from bystanders and police resulted in the severity of the teen’s injuries.
Count 7: Violation of Civil Rights Act 42 U.S.C. § 1983
The city and police department had a duty to protect the civil rights of the teen, including to be free from racially motivated attacks and inadequate police protection. The lawsuit said the defendants failed to prevent the known danger of Irfan.
Count 8: Failure to Warn
The city failed to warn the public of the potential dangers of the recreational center, especially those involving known threats to the safety of the public.
The city and the police department were aware that Irfan had a criminal record that included violence, but the defendants failed to warn people at the recreational center.
The recreational center did not have security measures or protocols that could act as a warning or prevent potential assaults from happening.
Count 9: Failure to Train and Supervise
The lawsuit accuses the city of not properly training its employees, including police officers and the recreational center staff, to ensure the safety and protection of patrons using the facilities, especially minors.
The family is asking for judgment against the rec center, the city and the police department for cost, damage and other relief the court deems appropriate.
