Damon J. Keith

U.S. District Court for the Eastern District of Michigan district Retired 1977 · served 1967–1977 Appointed by Lyndon B. Johnson (Democratic) 18 signed orders read

Judge Keith no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Keith decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He treated a warrant's execution deadline as a constitutional safeguard, allowing delay only for weighty practical reasons rather than officer convenience.

“A delay should be deemed permissible when it is necessitated by a legitimate concern for someone’s physical safety, because of the physical inaccessibility of the premises, and other justifications of like magnitude.”

He preserved jury adjudication of legal damages claims even when equitable claims appeared in the same action.

“The Seventh Amendment question depends on the nature of the issue to be tried rather than the character of the overall action.”

He vacated labor awards when an arbitrator departed from the collective-bargaining agreement and substituted personal notions of industrial justice.

“an arbitrator is confined to interpretation and application of the collective bargaining agreement; he does not sit to dispense his own brand of industrial justice.”

Procedural preferences

He viewed fee awards as necessary to make public-interest civil-rights litigation practically available to plaintiffs with limited resources.

“The Court is convinced that if plaintiffs such as those in the present case (i. e., those with limited resources) are required to carry the burden of their attorneys’ fees, parties seeking to advance the public interest by obtaining similar injunctive relief will be few in number.”

Cautions

He described abusive investigative conduct in unusually direct terms when stale warrants and questionable tactics undermined constitutional safeguards.

“what occurred was an example of official lawlessness which cannot be tolerated in a civilized society.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Security Bank v. Saxon
· 1968-09-25
Summary judgment (defendants) Granted

“the defendants’ Motion for Summary Judgment be and is hereby granted.”

Rolland v. Michigan
· 1970-12-14
Habeas petition (petitioner) Granted

“it is therefore ordered that petitioner be released from custody, unless he is granted a new trial within thirty days”

United States v. Love
· 1971-03-23
Summary judgment (government) Granted

“the Government’s motion for summary judgment is granted”

United States v. Outland
· 1972-07-14
Motion to quash search warrants (defendant) Granted

“This Court therefore grants the defendant’s motions to quash search warrants and suppress evidence.”

Motion to suppress (defendant) Granted
United States v. Wilson
· 1973-05-03
Motion to suppress (defendant) Granted

“the evidence must be suppressed.”

Allen v. Richardson
· 1973-10-29
Medicare appeal (plaintiff beneficiary) Granted

“the Secretary’s decision that denied Medicare extended care benefits to plaintiff must be reversed.”

Davis Ex Rel. Davis v. School District of the City of Pontiac, Inc.
· 1974-02-14
Motion for attorneys fees (plaintiffs) Granted

“this Court hereby grants plaintiffs’ motion for attorneys’ fees and out-of-pocket expenses”

Rowan v. Howard Sober, Inc.
· 1974-05-14
Motion to strike jury demand (defendants) Denied

“For the reasons which will be explained below, the Court denies defendants’ motions.”

Motion to change order of proofs (defendants) Denied
International Union, United Automobile, Aerospace & Agricultural Implement Workers v. Buhr MacHine Tool Corp.
· 1974-09-16
Summary judgment (plaintiff union) Granted

“the Union’s Motion for Summary Judgment be, and the same hereby is granted.”

Summary judgment (defendant company) Denied

“the Company’s Motion for Summary Judgment be, and the same hereby is, denied.”

Thompson v. Chrysler Corporation
· 1974-09-16
Motion for temporary relief (plaintiff) Denied

“the plaintiff’s motion for temporary relief be and the same hereby is, denied.”

Summary judgment (defendant Chrysler Corporation) Granted

“the defendant’s motion for a partial summary judgment be, and the same hereby is, granted.”

Vermilion Foam Products Co. v. General Electric Co.
· 1974-11-30
Motions to dismiss (defendants) Granted

“it is ordered that the plaintiffs’ Amended Complaint be, and hereby is, dismissed.”

Gray v. Secretary of Health, Education & Welfare
· 1975-09-30
Summary judgment (defendant Secretary of Health, Education and Welfare) Granted

“summary judgment in favor of the defendant is granted”

A historical record

Judge Keith no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.