Brown v. Hatch

984 F. Supp. 2d 700, 2013 WL 5852973, 2013 U.S. Dist. LEXIS 155399
CourtDistrict Court, E.D. Michigan
DecidedOctober 30, 2013
DocketCase No. 12-14190
StatusPublished
Cited by11 cases

This text of 984 F. Supp. 2d 700 (Brown v. Hatch) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Hatch, 984 F. Supp. 2d 700, 2013 WL 5852973, 2013 U.S. Dist. LEXIS 155399 (E.D. Mich. 2013).

Opinion

OPINION AND ORDER

PATRICK J. DUGGAN, District Judge.

This case involves the tragic death of an infant child named Miranda Henry while she was in the custody of a foster parent. The child’s natural father, Marvin Brown, brought this action on behalf of his deceased daughter against the foster parent, Defendant Dana Hatch, as well as the child placement agency, Defendant Starr Commonwealth (collectively, “Defendants”), alleging violations of Henry’s substantive due process rights pursuant to 42 U.S.C. § 1983 as well as violations of [704]*704Michigan statutory and common law. Two motions are presently before the Court: (1) Defendant Hatch’s Motion for Judgment on the Pleadings filed pursuant to Federal Rule of Civil Procedure 12(c) and (2) Defendant Starr Commonwealth’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).1 Both motions have been fully briefed and the Court heard the arguments of counsel at the October 29, 2013 motion hearing. For the reasons stated herein, the Court dismisses Plaintiffs federal cause of action with prejudice and declines to exercise supplemental jurisdiction over the remaining state law claims.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The Parties

This action is brought by Plaintiff Marvin Brown as the personal representative of the estate of his natural daughter Miranda Henry. Henry, who was born on August 31, 2011, died while in foster care on or about October 8, 2011. (Compl. ¶¶ 6-7.)

Defendant Dana Hatch, who resides in Taylor, Michigan, is a foster parent licensed by the State of Michigan. (Id. at ¶ 3.)

Defendant Starr Commonwealth is a nonprofit child placing agency licensed by the State of Michigan that locates certified foster homes for children in need of foster care. (Id. at ¶ 4.) In carrying out this function, Starr Commonwealth receives funds from the State and is subject to extensive regulation.

B. Events Giving Rise to the Instant Action

On September 9, 2011, when Henry was less than two weeks old, the Wayne County Juvenile Court — Family Division terminated her birth mother’s parental rights, made Henry a temporary ward of the court, and ordered that Henry be placed into foster care by the Michigan Department of Human Services (“MDHS”). (Id. at ¶ 10.) MDHS in turn placed Henry in the custody of Starr Commonwealth pursuant to a contractual arrangement providing that Starr Commonwealth would locate a suitable foster home for Henry. (Id. at ¶ 11.) Based on this contract, Starr Commonwealth assumed an obligation to ensure the children’s health and safety. (Id. at ¶ 15.) The contract obligated Starr Commonwealth to approve foster parents who satisfied Michigan’s requirements for child placement workers, to train its employees and foster parents, and to place foster children in homes that it certified as meeting state standards. (Id. at ¶¶ 16-17.)

In September 2011, Starr Commonwealth placed Henry with Defendant Hatch for foster care. (Id. at ¶ 12.) According to the Complaint, at the time Henry was placed with Hatch, “Hatch had been ■ previously suspected of abusing and/or neglecting foster children on at [705]*705least one prior occasion.”2 (Id. at ¶25.) Moreover, Hatch “was untrained, improperly trained and/or inadequately trained on the care of infant children, including but not limited to safe and proper sleeping conditions of infants[.]” (Id. at ¶ 26.) While Henry resided with Hatch, “her foster care was being monitored and supervised by an unqualified and improperly trained foster care placement worker from Defendant Starr [Commonwealth].” (Id. at ¶ 27 (capital lettering removed).)

On or about October 8, 2011, approximately one month after Henry was placed in Hatch’s care, Hatch fell asleep while lying in bed with one of her sons and Henry. (Id. at ¶ 28.) At some point during the course of the evening, Hatch rolled on top of Henry causing Henry to suffocate to the point of asphyxiation. (Id.) The forensic pathologist who conducted the autopsy on Henry identified the cause of death as suffocation. (Id. at ¶ 29.)

C. Court Proceedings

On September 20, 2012, Plaintiff instituted the present civil action by filing a complaint with this Court. (Compl., ECF No. 1.) The Complaint includes five counts:

(1) Count I — Defendant Starr Commonwealth breached its contract with the MDHR;
(2) Count II — Defendants breached statutory obligations under the Child Protection Law, Michigan Compiled Laws § 722.622(f), and the Mental Health Code, id. § 330.1722(1), (3) (statutory abuse or neglect);
(3) Count III — Defendants violated Henry’s substantive due process rights under the Fourteenth Amendment to the United States Constitution (the 42 U.S.C. § 1983 count);
(4) Count IV — in which Plaintiff asserts claims of “Negligence, Ordinary Negligence, Active Negligence, Gross Negligence, and/or Willful and Wanton Misconduct, against all Defendants;” and
(5) Count V — Defendant Hatch was negligent because she failed to comply with various statutory duties as well as a duty of care owed to Henry under a theory of premises liability.

As relief, Plaintiff seeks monetary damages “in excess of Seventy Five Thousand ($75,000.00) dollars, plus interest, costs and attorney fees.” (Compl.)

Each Defendant separately challenges the sufficiency of Plaintiffs Complaint. On August 20, 2013, Hatch filed a Motion for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c). (ECF No. 35.) Starr Commonwealth filed a Rule 12 motion on August 28, 2013. (ECF No. 38.)

II. STANDARD OF REVIEW3

A motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) is reviewed under the standards applicable to motions brought under Rule 12(b)(6). EEOC v. J.H. Ronth Packing Co., 246 F.3d 850, 851 (6th Cir.2001) (citation omitted). As with Rule 12(b)(6) motions, a Rule 12(c) motion allows the Court to make an assessment as to whether a plaintiffs pleadings have stated a claim upon which relief may be granted. Fed. R.Civ.P. 12(b)(6). Under the Supreme [706]*706Court’s articulation of the Rule 12(b)(6) standard in Bell Atlantic Corporation v. Twombly, 550 U.S. 544, 555-56, 570, 127 S.Ct.

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Bluebook (online)
984 F. Supp. 2d 700, 2013 WL 5852973, 2013 U.S. Dist. LEXIS 155399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-hatch-mied-2013.