Stallman v. Oakland, County of

District Court, E.D. Michigan·Decided August 25, 2025·No. 2:22-cv-12635·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

LEE ROY STALLMAN,

Plaintiff, Case No. 22-12635 Hon. Jonathan J.C. Grey v.

DARIUS ZAJAC et al.,

Defendants. ______________________________/

OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF No. 48)

On November 2, 2022, Plaintiff Lee Roy Stallman filed this complaint against Defendants Oakland County and Darius Zajac alleging First, Fourth, and Fourteenth Amendment violations, intentional infliction of emotional distress, false arrest, malicious prosecution, and municipal liability under 42 U.S.C. § 1983. (ECF Nos. 1, 7.) On March 21, 2023, Stallman amended his complaint to remove his Fourteenth Amendment, intentional infliction of emotional distress, false arrest and malicious prosecution claims. (ECF No. 22.) On June 26, 2023, this case was reassigned from United States District Judge Sean Cox to this Court. On March 19, 2024, this Court granted Oakland County’s motion to dismiss, and Oakland County was terminated from this case. (ECF No.

32.) On August 28, 2024, this Court granted in part Stallman’s motion to file a second amended complaint. (ECF No. 42.) On September 24, 2024, Stallman filed his second amended complaint against Zajac alleging

unlawful arrest and malicious prosecution. (ECF No. 44.) On September 30, 2024, Zajac filed a motion for summary judgment. (ECF No. 48.) The motion is fully briefed. (ECF Nos. 56, 57,

58.) Applying E.D. Mich. LR 7.1(f)(2), the Court rules on this motion without a hearing as oral argument will not aid the Court in its decision. For the reasons stated below, Zajac’s motion for summary judgment (ECF

No. 48) is GRANTED. I. BACKGROUND On October 18, 2019, Stallman quit his employment as a truck

driver with Sweetland Transportation (“Sweetland”). (ECF No. 48, PageID.719–720.) Stallman alleges that after he quit, Sweetland still owed him a final paycheck. (Id. at PageID.721.) On October 25, 2019,

Stallman claims he called Sweetland about this final check and spoke with Stefania Ristoski. (Id. at PageID.722–723.) Ristoski allegedly told Stallman his final check would be mailed, and he would be provided with

a certified tracking number. (Id. at PageID.723.) On October 31, 2019, Stallman alleges he had still not received his final check. (Id.) That same day, Stallman called Oakland County

Sheriff’s Department (“OSCD”) to request that an officer accompany him to Sweetland and facilitate Stallman obtaining his final check. (Id. at PageID.736.) Stallman then went to Sweetland and met OCSD Deputy

Zajac there. (Id.) Stallman and Zajac had not met prior to this interaction. (Id.) Zajac alleges that during their initial conversation, Stallman mentioned a shooting that had occurred between coworkers over an

employment dispute. (Id. at PageID.918–919, 1017.) Initially, Zajac did not find the reference concerning. (Id. at PageID.918–919.) Stallman also allegedly generally mentioned a gun during this conversation. (Id. at

PageID.920.) While Stallman remained in the parking lot, Zajac entered Sweetland’s office and discussed Stallman’s final check with Sweetland

employees Sonja1, Ristoski, and Nicole Meier. (Id. at PageID.916.) Zajac

1 No last name is given for Sonja. Therefore, the Court will refer to her by her first name only. alleges the women informed him that they were “fearful” of Stallman,

due to the “constant contacts and phone calls to the office demanding his last paycheck.” (Id. at PageID.917.) Zajac claims that after he left Sweetland’s office, he advised Stallman to come back at a later date when

Sweetland’s owner was available. (Id. at PageID.919.) It is unclear whether Zajac relayed to Stallman that the women were afraid of him. Stallman claims that after Zajac exited Sweetland’s office, Zajac

communicated that Sweetland had sent the final check’s tracking number to “the dispatch office.” (Id. at PageID.729, 737.) Subsequently, both Zajac and Stallman left Sweetland. (Id. at PageID.738, 920–921.)

Presumably at some point that same day, Stallman allegedly called the dispatch office to confirm receipt of the tracking number, but he was told they never received it. (Id. at PageID.729.) That same day, after he

and Zajac left Sweetland, Stallman repeatedly called Sweetland’s office. It is unclear how many times he called, but the record includes three separate instances in which Stallman initiated calls to Sweetland. In total, Stallman left two voicemails and spoke to Meier over the phone

once.2 In the first voicemail, Stallman stated the following: I want my check, you want me to stop calling. . . . I don’t want to continue calling, but I’m going to until you give me my check or you give me the tracking number that proves you actually sent it out. You owe me for the wages that I earned and you will pay me whether you like it or not. You want to play your games, that’s on you. But I’ll tell you what, play stupid games, win stupid prizes. I’m going to take you to court and I’m going to sue you. . . . You guys are a sad excuse for a professional company. You want me to leave you alone, give me my stuff. . . . If you don’t have [the money or tracking number] by the end of your business day whenever you guys stroll out of there, I’m going to come and knock on your doors at home. You think I’m joking, I’m going to knock on your doors. . . . And then when you trespass me from your property, I’m gonna go to the gyms, the [], the restaurants, the schools, I will go wherever you go and I will ask you, “Where’s my money?” Do you want that or do you just want to give me my money? I don’t want to have to pester you, continue to ask for my money, but I will. I’m going to show you that you cannot play games with somebody and their money. You got the wrong one. You got the wrong one. I want my money. I want my property. I’ll get my property at another time. (Id. at PageID.1023–1024.) Stallman’s second voicemail consisted of the following:

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Stallman v. Oakland, County of, (E.D. Mich. 2025).

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