Anna Bradley-Smith  |  June 11, 2021

Category: Legal News

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Class-action lawsuit filed over burial problems at Detroit cemetery
(Photo Credit: hydebrink/Shutterstock)

Gethsemane Cemetery in Detroit is committing “gross misconduct” by losing human remains, overselling burial plots, illegally disposing of bodies, and misleading families, a new class action lawsuit alleges.

The nationwide class action lawsuit was filed in Michigan by lead Plaintiffs Tawuana Perkins and Tony Thomas, who allege that the City of Detroit, New Calvary Baptist Church, and two cemetery management companies committed gross misconduct and unlawful practices in regards to internment and victimized families with “their gross disregard for the final resting place of Plaintiffs’ loved ones.”

According to the claim, the cemetery buried people in plots different than those purchased by families, “depriving families and individuals of the ability to be interred in the particular plots they had purchased.”

The cemetery, which is owned by the City and managed by the church who have subcontracted out the management, also willfully misrepresented where bodies were buried, and moved gravestones, grave markers, and remains to burial plots different than the original resting place, without consent and without obtaining required permits, the claim states.

Perkins’ brother Owen Gray died in December 2018 and the family purchased a plot at Gethsemane Cemetery, according to the class action lawsuit.

When visiting the cemetery, she saw her brother’s headstone was cracked, as if it had been moved.

“In fact, Perkins discovered that many of the plots located at Gethsemane were seemingly destroyed,” the claim states. “On one occasion when Perkins visited Gethsemane Cemetery, she discovered a number of headstones that appeared to have been dug up, laying in a disarray behind a building located on the property.”

According to the claim, Thomas bought a plot for his mother Mary Ann Thomas, who died in 2011, and on at least three occasions he noticed his mother’s headstone had been moved to a different location.

“Thomas’ family was notified that his mother’s remains were being relocated, resulting in Thomas and his family being unable to locate his mother when they would visit Gethsemane Cemetery,” the claim states.

“On several occasions, he noticed boulders and dirt around his mother’s plot as if they’d been recent digging and then found his mother’s remains had been moved.”

According to the claim, he was told his mother’s remains were in section C of the cemetery, but later found her headstone in section CG.

“Neither Plaintiffs were notified by anyone on behalf of Gethsemane Cemetery or the Defendants that the grave markers and/or remains of either Plaintiffs’ descendants were being moved or relocated,” the claim states, adding that the Defendants had no permit or order for disinterment.

Perkins and Thomas say in the claim that the cemetery and City were fully aware that the cemetery was not being properly maintained and that their conduct was unlawful and harming the families of those laid to rest at Gethsemane Cemetery.

The class action goes on to allege that burial plots were double sold at Gethsemane Cemetery, that multiple deceased individuals were buried in a single plot, and that human remains were disposed of without consents.

Perkins and Thomas want to represent anyone who has bought a plot. They are suing for negligence and fraud and seek certification of the Class, injunctive relief, and damages.

In 2014, Eden Memorial Park had to pay $35 million to Class Members in a class action lawsuit, and set aside another $45 million for cemetery improvements, in a class action settlement to resolve allegations that cemetery employees routinely desecrated gravesites to make room for new burials.

Have you ever had any issues locating the remains of a loved one at a cemetery? Let us know your experience in the comments section!

Perkins and Thomas are represented by Mark C. Rossman and Elyse E. Palomit of Rossman P.C., Joseph Sauder of Sauder Schelkopf LLC, and Bryan R. Lentz of Bochetto & Lentz, P.C.

The Gethsemane Cemetery Misconduct Class Action Lawsuit is Perkins, et al. v. City of Detroit, et al., Case No. 21-006942-CZ, in the State of Michigan in the Circuit Court for the County of Wayne.


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5 thoughts onDetroit Cemetery Illegally Disinters Bodies, Loses Remains, and Lies to Grieving Families, Class Action Claims

  1. Konica Long says:

    Hey My father was buried at this cemetery and I CANNOT LOCATE THE PLOT ITs NOT WHERE I PAID 3500 dollars for him to be this is so heartbreaking for me and my family

    1. Konica Long says:

      My father was buried here in 2013 Today I was not able to locate his plot he’s not where I paid for him to be this is heartbreaking and very disrespectful

  2. Niqita W says:

    Yes the Abby cemetery in Compton ca they move plots and they buried my mother without me being there even though I paid so idk if they actually buried her in the first place I’ve seen them push caskets behind a gate there like they are hiding them

  3. Phylis Foster-Rutledge says:

    My husband was buried at Gethsemene. I paid for plot 222 section 800. I recently visited his grave and was told he was in plot 223. I have been visiting his grave four years at plot 222. I cant get answers from anyone. I am confused why wasn’t I notified his grave had been changed. He was buried in 2016.

  4. Tamara Matthews says:

    My dad is buried there I purchased a double plot and headstone the cemetery tried to charge me $300 to put his ending date on headstone I told them when I purchased it 20 years my mother I was told there would be cost but the management said I needed the receipt. I’m troubled my these stores because my dad died in May 2016.

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