Bob Carmack at a news conference at his Michigan Avenue repair shop last week. (Photo: Violet Ikonomova)
Business owner Bob Carmack has moved to dismiss a federal lawsuit against the city of Detroit and Mayor Mike Duggan that alleged they retaliated against him for speaking out about a property dispute, but says he's planning to file a new, separate suit.
The motion was filed this morning, a week after local media outlets reported that a judge said he had "very serious concerns" about the case and was considering dismissing certain portions of it. The Michigan State Police also last week opened an investigation into whether recent stunts pulled by Carmack — like broadcasting secret footage of the mayor outside city hall — amount to extortion.
The Detroit News writes:
On Nov. 28, the judge held a hearing and expressed concern that Carmack's undercover surveillance of the mayor, and threats to release new footage, were an attempt to influence the lawsuit.
"I would have grave concerns if I learned that a litigant before me was directing, toward an opposing litigant before me, a direct or implied threat to release information about that litigant in order to take a certain position in the litigation," the judge told Carmack's lawyer Andrew Paterson. "Would you communicate that to Mr. Carmack so he’s not confused about my view of the world?"
Leitman also told Paterson to consider whether he and his client may want to drop the case altogether, noting while he hasn't made any decision yet, the defense arguments have "very substantial merit" and he has "very serious concerns about how this case is being prosecuted."
But the Detroit Free Press got Carmack on the phone, and learned that he may have something else up his sleeve. Carmack told the daily he's "going into a different direction,” and has "a better (lawsuit) now since the mayor opened his mouth.”He teased another news conference where he would divulge more details.
Carmack's dispute with the city stems from a Kwame-era development deal that never came to fruition. He had hoped to transform a waterfront parcel and Superfund site in Delray into a luxurious marina/residential complex, and sunk $250,000 into it.
The retaliation suit alleged the city knocked down a building of Carmack's after he raised the property issue before city council. Demo crews began taking down the site in a rare targeted commercial demolition on a weekend when Carmack told council he'd be out of town. The city claims it owned the property.
