Family of teenager attacked by man in Livonia in 2023 sues city, police and recreation center

The family of a teenager who was assaulted by a man at a Livonia recreation center is suing the city, alleging negligence and lack of training and supervision.

Background

Moeez Irfan, 29, of Livonia, bumped into a 13-year-old as he passed each other on the stairs on June 8, 2023 and punched him in the head several times.

When police attempted to arrest the 29-year-old man, he resisted but was eventually overpowered by several officers.

The attack and arrest were filmed.

Police said Irfan was taken to the Livonia Police Department before being transported to the hospital for a psychiatric evaluation.

The 13-year-old was transported to a metro Detroit hospital for treatment of injuries sustained in the attack.

Irfan pleads guilty

A detective conducted a follow-up investigation and submitted a warrant application to the Wayne County Prosecutor’s Office before a four-count warrant was issued, charging him with aggravated assault, intimidation ethnic, resisting and obstructing police and third offense repeat offender.

On June 16, 2023, Irfan was released from the hospital, arrested on his warrant, and charged in the 16th District Court of Livonia. He was then transported to the Wayne County Jail.

Irfan pleaded guilty to ethnic intimidation on September 1, 2023.

A teenager is injured

The attacked teen suffered a concussion and was unable to complete the school year. He also suffered memory loss, severe trauma and nightmares.

Teenager’s family sues Livonia

The boy’s family says the city failed in its duty to ensure the safety of its patrons at the Livonia Recreation Center.

The lawsuit alleges that the rec center, the 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 Recreation Center.

The family said the police department did not immediately notify the public of the incident, which subsequently raised concerns about public safety.

Count 1: negligence and count 2: gross negligence

The lawsuit says the city failed to keep the recreation center environment safe, including for minors. The police department monitors and responds to incidents, particularly those involving individuals with known criminal histories.

Count 3: Negligent Supervision

The family accuses the recreation center of failing to have proper security measures and monitoring protocols in place, even though they knew people with violent histories were in the area. Additionally, the recreation center lacked supervision, which directly enabled Irfan.

Count 4: Responsibility for premises

The recreation 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 because a teenager 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 says the lack of intervention by bystanders and police led to the severity of the teen’s injuries.

Count 7: Violation of the Civil Rights Act 42 USC § 1983

The city and police have a duty to protect the teen’s civil rights, including protecting him from racially motivated attacks and inadequate police protection. The lawsuit says the defendants failed to prevent Irfan’s known danger.

Count 8: Failure to warn

The City failed to warn the public of potential dangers at the recreation center, including those involving known threats to public safety.

The city and police knew that Irfan had a criminal record involving violent acts, but the defendants did not warn people at the recreation center.

The recreation center did not have security measures or protocols in place that could serve as a warning or prevent possible assaults.

Count 9: Failure to train and supervise

The lawsuit accuses the city of failing to adequately train its employees, including police officers and recreation center staff, to ensure the safety and protection of users of the facilities, particularly minors.

The family is seeking a judgment against the recreation center, the city and the police department for costs, damages and other relief the court deems appropriate.