A federal lawsuit has been filed alleging that a shopper was wrongfully detained, accused of shoplifting without probable cause, and subjected to unconstitutional treatment by both law enforcement and supermarket management. The complaint claims the incident led to significant emotional distress and health complications for the plaintiff.
The suit was filed by Kathy Q. Kanable in the United States District Court for the Eastern District of Michigan on March 18, 2026. Named as defendants are Columbia Charter Township—a Michigan municipal corporation—along with prosecuting attorney Eric C. White, police officer Jay Niles, Polly’s Food Service Incorporated (doing business as Country Market of Brooklyn), and two management employees of the store: Marc Develbiss and Todd Gilbert.
According to the verified complaint, Kanable had been a regular customer at Country Market in Brooklyn, Michigan for fifteen years. On September 30, 2023, after placing approximately $300 worth of groceries in her basket—including two bottles of Cooks Champagne—she went to use the store restroom. Kanable states she disposed of an empty champagne bottle from a previous purchase in the restroom trash can as part of her routine. Upon exiting the restroom, she was confronted by store employee Todd Gilbert who accused her of littering due to discarding the bottle and insisted she accompany him to an upstairs office. Gilbert allegedly called police and stationed another employee at the door to prevent Kanable from leaving.
Police officer Jay Niles arrived at about 12:45 pm and questioned Kanable about alleged illegal dumping and shoplifting without providing a Miranda warning. According to body camera footage referenced in the filing, Niles relayed accusations from store staff that Kanable had taken three bottles of wine but only had two upon leaving the restroom. During questioning, another employee stated she did not see Kanable pick up three bottles. Management employee Marc Develbiss reportedly told Officer Niles he had seen bottles in trash cans before and suggested prior thefts by Kanable.
Despite conflicting accounts among staff members about what they witnessed—and after inspecting garbage cans near the entrance—Officer Niles issued citations for illegal dumping and retail fraud at approximately 1:23 pm before escorting Kanable out of the store.
The complaint details ongoing efforts by Kanable’s counsel to obtain all evidence related to her case—including in-store surveillance video—which they allege was never produced despite repeated requests between October 5 and November 16, 2023. At a pre-trial hearing on November 20, 2023, prosecuting attorney Eric White allegedly told Kanable she either had an alcohol problem or family issues when discussing why charges were being pursued against her. When informed that defense counsel intended to file motions regarding missing evidence (a “Brady motion”) or Miranda violations (a “Miranda motion”), White stated on record: “Just for the record… any motion filed will revoke any offer that is made and it will be as charged there on out.”
Kanable’s legal team continued efforts through late 2023 into early 2024 to compel discovery of evidence they believed would exonerate their client. Motions were filed seeking dismissal based on spoliation (destruction) of exculpatory evidence and failure to provide Miranda warnings during interrogation.
On March 22, 2024—the scheduled date for jury trial—prosecutor White notified opposing counsel via email: “Good morning, please generate a Nolle as the Township will not be going forward on this matter.” The court then entered an order dismissing all charges against Kanable.
The lawsuit brings multiple counts under federal civil rights statutes (42 U.S.C §1983) including malicious prosecution under the Fourth Amendment against both Officer Niles and Prosecutor White; fabrication of evidence; retaliation for exercising First Amendment rights; Monell liability against Columbia Charter Township for alleged policies or customs leading to constitutional violations; false imprisonment; intentional infliction of emotional distress; malicious prosecution under state law; abuse of process; and civil conspiracy among defendants.
Kanable asserts that these actions caused her embarrassment, humiliation, emotional distress—including cardiac complications requiring hospitalization—and damage to her reputation within her community. She seeks compensatory damages exceeding $75,000 per count plus exemplary damages where allowed by law. Additionally, she requests declaratory judgment finding defendants’ conduct unconstitutional; injunctive relief preventing further similar conduct; attorney fees under federal statute; interest; costs; as well as other relief deemed just by the court.
Attorneys representing Kathy Q. Kanable are Jamil Akhtar (Jamil Akhtar PC) and Robert S. Mullen (LP Legal). The case is identified as Case No. 4:26-cv-10907-FKB-APP.
Source: 426cv10907_Kathy_Kanable_v_Columbia_Charter_Complaint_Eastern_District_of_Michigan.pdf
