Case Studies for Heather E. Sumner
Plaintiff-Appellant was incarcerated when he was assaulted by a fellow inmate, whom he had verbally accused of cheating during a card game. Claims were brought against the inmate who assaulted him, the two deputies involved in classifying/maintaining the classification of the inmate who assaulted him, and the County. RSJA was initially successful in obtaining a full dismissal of this case by way of a motion in lieu of an answer. Following briefing, the Sixth Circuit upheld the district court’s opinion. Notably, despite Plaintiff-Appellant’s argument that qualified immunity is not properly decided in a motion to dismiss under Fed. R. Civ. P. 12(b)(6), the Sixth Circuit agreed with Defendants’ position that questions of qualified immunity should be resolved at the earliest possible stage of litigation.
Plaintiff was the guardian of a developmentally disabled individual who was hospitalized following an acute medical event suffered at his group home. It was alleged that Defendants acted with gross negligence by not timely placing the disabled individual at an appropriate facility after the hospital was ready to discharge him. As a result of their extensive review of medical records and other client documentation, RSJA was able to “demonstrate that the named Defendants acted reasonably given the facts of the case.” Based on the evidence cited in Defendants’ motion to dismiss in lieu of an answer, the Court found no reasonable trier of fact could conclude that the individuals acted with gross negligence or that their conduct was the proximate cause of injury. RSJA also successfully argued that Plaintiff failed to plead in avoidance of governmental immunity as to the Community Mental Health Authority. Ultimately, all claims were dismissed by the Court with no appeal filed.
In a case that initially made the national news when it was filed, RSJA successfully argued that Plaintiff’s claims lacked subject matter jurisdiction and dismissal of the defendant officer was thus appropriate. Plaintiff was suspected of vehicle theft and fled on foot when officers approached. One officer accidentally discharged his firearm during the foot chase, though Plaintiff was not hit. RSJA’s extensive knowledge and familiarity with these types of cases and with the federal courts, in general, resulted in an early dismissal without the need to engage in costly discovery.
