Davis v. Chorak, No. 22-1839, 2023 WL 2487339 (6th Cir. Mar. 14, 2023)

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.