557 F. App'x 450
6th Cir.2014Background
- In Oct. 2007 Donn Richardson was robbed and shot; witness Linda Milliner identified the gunman at the scene and later at a preliminary exam as Jasmine Guy Jordan (then 17), leading to Jordan’s arrest and criminal bind-over. Charges were later dismissed without prejudice when Milliner failed to appear at trial.
- Milliner had earlier identified a different person from a photo lineup (Juan Johnson) before her preliminary-exam testimony, a fact not known to Jordan at the time of the bind-over.
- Jordan was held at Wayne County Jail in the adult population for ~4 months while felony charges were pending; he alleges threats, verbal abuse, and two assaults during detention.
- Jordan sued Wayne County under 42 U.S.C. § 1983 asserting (1) malicious prosecution (Fourth Amendment) and (2) failure to protect/deliberate indifference (Fourteenth Amendment), plus other claims later waived on appeal.
- The district court granted summary judgment for Wayne County on both § 1983 claims, finding (a) Jordan failed to plead or produce evidence of a county policy or custom required for municipal liability, and (b) Jordan produced no evidence of the alleged assaults or the necessary proof for deliberate indifference; the Sixth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Malicious prosecution: lack of probable cause / municipal liability | Jordan argued he was prosecuted without probable cause and County is liable for prosecution-related deprivation | County contended the bind-over on witness Milliner’s sworn ID supported probable cause; Jordan also failed to show a county policy/custom causing the prosecution | Court affirmed summary judgment: Jordan failed to show a policy/custom for Monell liability; claim fails on the merits |
| Municipal liability (Monell) | County policy/custom caused the constitutional harms (e.g., failing to follow jail rules; prosecutorial file withheld) | County: Jordan did not identify or produce evidence of any policy/custom or practice causally connected to the injuries | Held for County: plaintiff did not plead or present evidence of a policy or custom; single incidents insufficient for Monell liability |
| Discovery / adverse inference | Jordan claimed incomplete discovery (prosecution file, in-car videos, audio, identity of classification officer) and asked for adverse inferences | County said it produced what it had; after reasonable inquiry it could not identify the specific classification officer; Jordan was dilatory in pursuing discovery | Court affirmed: no abuse of discretion in discovery rulings; no basis for adverse inference given lack of specificity and Jordan’s discovery failures |
| Failure-to-protect / deliberate indifference (pretrial detainee) | Jordan argued housing a 17-year-old in adult general population and failure to protect violated due process | County argued Jordan offered no evidence of policy or custom, no proof of assaults, and the absence of evidence defeats the claim | Held for County: plaintiff failed to show substantial risk + deliberate indifference and produced no admissible evidence of attacks or a causative policy |
Key Cases Cited
- Monell v. Department of Social Services, 436 U.S. 658 (1978) (municipal liability requires an unconstitutional policy or custom causing the injury)
- Sykes v. Anderson, 625 F.3d 294 (6th Cir. 2010) (elements of a § 1983 malicious prosecution claim)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference standard for failure-to-protect claims)
- Graham ex rel. Estate of Graham v. County of Washtenaw, 358 F.3d 377 (6th Cir. 2004) (connecting municipal policy to injury for Monell liability)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard and genuine dispute inquiry)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (nonmoving party must show specific facts creating a genuine issue of material fact)