Johnson v. Wayne County

540 N.W.2d 66, 213 Mich. App. 143
CourtMichigan Court of Appeals
DecidedSeptember 1, 1995
DocketDocket 169802
StatusPublished
Cited by59 cases

This text of 540 N.W.2d 66 (Johnson v. Wayne County) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Wayne County, 540 N.W.2d 66, 213 Mich. App. 143 (Mich. Ct. App. 1995).

Opinions

Jansen, J.

Plaintiff appeals as of right from an October 29, 1993, order of the Wayne Circuit Court granting summary disposition under MCR 2.116(C) (7) and (10) to defendants with respect to all counts [147]*147in plaintiffs complaint. We affirm in part, reverse in part, and remand for further proceedings.

Plaintiff Patsy Johnson was called to serve as a juror for the criminal trial of Tamara Marie Marshall, who was accused of leading three men into a crack house in the City of Detroit where they tortured and killed, in execution style, six people. The case was dubbed the "St. Aubin Street Massacre.”

After sitting through two weeks of trial in September 1990, plaintiff failed to appear at 8:45 a.m. on September 13, 1990. Plaintiff did not appear because she attended a friend of the court hearing concerning her children. Upon plaintiffs arrival at the friend of the court, she was told that someone had called from the courtroom of Judge Tennen (who was presiding over the criminal matter). Plaintiff then went home instead of attending the meeting. While plaintiff was preparing to go to Judge Tennen’s courtroom from her house, police officers came by, picked her up, and brought her to Judge Tennen’s courtroom.

When plaintiff arrived, the trial was in session, so she sat in the back room in the court for approximately one hour. At 1:26 p.m., Judge Tennen excused the jury and spoke with plaintiff. Judge Tennen explained to plaintiff that she had delayed the proceeding. Plaintiff was found in contempt of court and sentenced to three days in the Wayne County Jail. She was discharged as a juror from the criminal case.

Plaintiff was taken to a holding cell. When the officer opened the door of the holding cell, plaintiff saw Tamara Marshall alone in the cell. Plaintiff was placed in the cell with Marshall. Marshall asked plaintiff if she was Patsy Johnson because Marshall’s attorney had told her what had happened. Marshall asked plaintiff questions regard[148]*148ing what the other jurors were thinking about the case. Marshall badgered plaintiff while pacing around the cell. Plaintiff stated that she was astonished, stunned, and scared while in the cell with Marshall. Plaintiff believed that Marshall might inflict bodily harm on her.

Deputy sheriffs looking at plaintiff and Marshall through the window of the cell door allegedly started laughing. Plaintiff was crying and felt intimidated. Plaintiff was in the cell with Marshall for one hour before deputies took Marshall away and left plaintiff alone in the cell. However, Marshall was again placed in the cell, with plaintiff for another hour. The deputies then came and escorted plaintiff and Marshall to the Wayne County Jail. Plaintiff and Marshall were handcuffed together during the move.

When they reached the jail, plaintiff and Marshall were placed in a cell with seven other women. Marshall used the telephone in the cell, mentioned plaintiff’s name, and told the other party that plaintiff had been serving on her jury. Approximately forty minutes later, Marshall was removed from the jail cell.

After being released from jail on September 17, 1990, plaintiff was hospitalized at St. John Hospital because of a mental breakdown. Over the next year, plaintiff was treated by psychologists and psychiatrists for her psychological injuries. On August 13, 1992, plaintiff filed suit for emotional injuries that she assertedly had sustained during her confinement with Marshall. The trial court, ultimately granted summary disposition for defendants with regard to all counts in plaintiff’s complaint.

i

We review de novo the trial court’s ruling re[149]*149garding a motion for summary disposition. Wieringa v Blue Care Network, 207 Mich App 142, 144; 523 NW2d 872 (1994). The trial court granted summary disposition with respect to plaintiffs claims under the Michigan Constitution, Const 1963, art 1, § 2 (equal protection), § 16 (cruel or unusual punishment), and § 17 (due process). These claims only relate to the individual defendants and not to defendant Wayne County.

Although it is not entirely clear from the record, it appears that the trial court granted summary disposition regarding these claims under MCR 2.116(0(10). MCR 2.116(0(10) tests the factual basis underlying a plaintiffs claim. Radtke v Everett, 442 Mich 368, 374; 501 NW2d 155 (1993). MCR 2.116(0(10) permits summary disposition when "[e]xcept as to the amount of damages, there is no genuine issue as to any material fact, and the moving party is entitled to judgment or partial judgment as a matter of law.” A court reviewing such a motion must consider the pleadings, affidavits, depositions, admissions, and any other documentary evidence in favor of the opposing party. MCR 2.116(G)(5); Radtke, supra. The opposing party may not rest upon mere allegations or denials in the pleadings but must, by affidavit or other documentary evidence, set forth specific facts showing that there is a genuine issue for trial. MCR 2.116(G)(4). The court must not make factual findings or weigh credibility in deciding a motion for summary disposition. Manning v Hazel Park, 202 Mich App 685, 689; 509 NW2d 874 (1993). Thus, we examine the facts of this case in a light most favorable to plaintiff. Id., p 690.

A

First, plaintiff claims that the trial court erred [150]*150in granting summary disposition with regard to her claim alleging denial of equal protection under Const 1963, art 1, § 2.

In Smith v Dep’t of Public Health, 428 Mich 540, 544; 410 NW2d 749 (1987), aff'd sub nom Will v Michigan Dep’t of State Police, 491 US 58; 109 S Ct 2304; 105 L Ed 2d 45 (1989), in a memorandum opinion, a majority of the justices were of the opinion that a claim for damages against the state arising from a violation by the state of the Michigan Constitution may be recognized in appropriate cases. Two of the justices stated that liability should be imposed on the state only where the action of the state agent implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers or governmental custom. Id., pp 642-643. However, two other justices would not limit liability to only those situations where the alleged constitutional violation occurred by virtue of a governmental custom or policy. Id., p 658.

Recently, this Court held that a plaintiffs claim under Const 1963, art 1, § 17 that her procedural due process rights were violated by the defendant city depended upon a showing that, by virtue of a custom or policy, the city deprived her of her property rights without due process of law. Marlin v Detroit (After Remand), 205 Mich App 335, 338; 517 NW2d 305 (1994). Thus, in light of Marlin, we must determine if plaintiff showed that, by virtue of defendant Wayne County’s custom or policy, Wayne County deprived her of a constitutional right.

Although this claim is one against the individual defendants only, we believe that the requirement that a custom or policy be shown to sustain a constitutional tort must also be met. That is, where a plaintiff alleges a constitutional tort [151]*151against governmental employees only, the plaintiff must show that the alleged constitutional violation occurred by virtue of a custom or policy that the governmental employees were carrying out. See Smith, supra, pp 642-643 (Boyle, J.).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dustin Rowland v. City of Detroit
Michigan Court of Appeals, 2025
Melissa Mays v. Governor Rick Snyder
Michigan Supreme Court, 2020
Albert Joseph Fratarcangeli v. Sarah Myers
Michigan Court of Appeals, 2020
Ronald L Davis v. Department of Corrections
Michigan Court of Appeals, 2020
Lemanski v. REV Group, Inc.
E.D. Michigan, 2019
Doe v. Department of Corrections
312 Mich. App. 97 (Michigan Court of Appeals, 2015)
John Doe 1 v. Department of Corrections
Michigan Court of Appeals, 2015
Kolley v. ADULT PROTECTIVE SERVICES
786 F. Supp. 2d 1277 (E.D. Michigan, 2011)
Prince George's County v. Longtin
988 A.2d 20 (Court of Special Appeals of Maryland, 2010)
Gardner v. Wayne County
520 F. Supp. 2d 858 (E.D. Michigan, 2007)
By Lo Oil Co. v. Department of Treasury
703 N.W.2d 822 (Michigan Court of Appeals, 2005)
Doe v. Roman Catholic Archbishop of Detroit
692 N.W.2d 398 (Michigan Court of Appeals, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
540 N.W.2d 66, 213 Mich. App. 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-wayne-county-michctapp-1995.