1:22-cv-00248
W.D. Mich.Mar 23, 2023Background
- Plaintiff Kevin E. Bonham filed suit on March 17, 2022 against Kent County Correctional Facility, Family Outreach Center Inc., and Theresa Simmons; the institutional defendants were dismissed on screening.
- Bonham alleges Simmons (a KCCF employee) subjected him to manipulative mental abuse and repeated sexual assaults and bribed him to perform sexual acts.
- The Court directed the U.S. Marshals to attempt waiver of service; waiver was mailed to KCCF but received no response.
- A summons was later issued and, according to a Process Receipt and Return, Deputy U.S. Marshal Ben Walkington personally served Simmons at a confidential home address on December 21, 2022.
- Default was entered against Simmons on January 24, 2023; Bonham moved for default judgment seeking $5,000,000 in damages.
- Magistrate Judge Green recommends denying the default-judgment motion without prejudice because (1) Bonham failed to prove proper service (record lacks sworn marshal affidavit or defendant acknowledgment) and (2) he presented no evidentiary support for the claimed damages (and did not request a hearing to establish damages).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper service of process | Marshal returned shows Simmons personally served Dec. 21, 2022 | No responsive filing; record contains no sworn marshal statement or defendant signature | Denied: plaintiff failed to meet burden to prove service; court questions sufficiency of the Process Receipt and Return and will not enter default judgment absent proof of service |
| Damages amount | Requests $5,000,000 for pain, humiliation, anxiety, and permanent psychological injury | No evidence submitted contesting or supporting amount | Denied: default admits factual allegations except damages; plaintiff must prove damages with reasonable certainty and did not present evidence or request a hearing |
Key Cases Cited
- King v. Taylor, 694 F.3d 650 (6th Cir. 2012) (proper service of process is prerequisite to personal jurisdiction and default relief)
- Thompson v. Wooster, 114 U.S. 104 (1885) (after default, factual allegations in the complaint are accepted as true except damages)
- Thomas v. Arn, 474 U.S. 140 (1985) (failure to timely object to a magistrate judge’s report waives appellate review)
- United States v. Walters, 638 F.2d 947 (6th Cir. 1981) (same waiver consequence for objections to magistrate recommendations)