UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Transcription

1 Case 2:18-cv GAD-RSW ECF No. 1 filed 07/02/18 PageID.1 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SERENITY WADLEY, by and through her guardian, KENYETTE WADLEY, Civil Action No. -CZ Plaintiff, Hon. v. HAZEL PARK SCHOOL DISTRICT And LYNETTE DALEY in her individual capacity, Defendants. Jonathan R. Marko (P72450 Counsel for Plaintiffs MARKO LAW, PLC 645 Griswold Street, Suite 4100 Detroit, Michigan ( jon@ernstmarkolaw.com COMPLAINT NOW COMES the above-named Plaintiffs, by and through their counsel, MARKO LAW, PLC, and for their Complaint against the above-named Defendants, states as follows: 1

2 Case 2:18-cv GAD-RSW ECF No. 1 filed 07/02/18 PageID.2 Page 2 of 8 JURISDICTION AND VENUE 1. Jurisdiction is conferred by 28 U.S.C. 1331, as to Plaintiff s federal law claims. 2. The Court has supplemental jurisdiction of Plaintiff s state law claims pursuant to 13 U.S.C. 1367(a. 3. Venue is proper in this Court pursuant to 28 U.S.C. 1391(b(2 as all of the events giving rise to this cause of action occurred in the Eastern District of Michigan. PARTIES 4. Plaintiff Kenyette Wadley, and her minor, Serenity Wadley, are residents of Detroit, in the County of Wayne, State of Michigan. 5. Serenity Wadley is an eight-year-old female and a student at Webb Elementary School in the Hazel Park School District. 6. The Defendant School District is a public educational institution located in the County of Oakland, State of Michigan. 7. Defendant Lynette Daley, on information and belief, is a paraprofessional employed by the Hazel Park School District in the County of Oakland, State of Michigan. 2

3 Case 2:18-cv GAD-RSW ECF No. 1 filed 07/02/18 PageID.3 Page 3 of 8 8. The transactions and occurrences giving rise to this action took place in Oakland County, Michigan, which is located in the Eastern District in the State of Michigan. 9. That the amount in controversy greatly exceeds this Court s jurisdictional requirement. FACTUAL ALLEGATIONS 10. Plaintiffs, by reference, incorporate the preceding paragraphs of their 11. Plaintiff Serenity, at all times relevant to this Complaint, was a thirdgrade student at Webb Elementary School, located in the Hazel Park School District, in the County of Oakland, State of Michigan. classroom. 12. On or about October 24, 2017, Serenity attempted to leave her 13. As Serenity attempted to exit the classroom, Defendant Daley slammed the door closed on Serenity s finger with such force that her finger was nearly severed. 14. As a result of Defendants gross negligence and/or intentional conduct, Plaintiff was seriously and severely injured. COUNT I VIOLATION OF THE FOURTH AMENDMENT RIGHT TO BE FREE FROM UNREASONABLE PUBLIC SEIZURES 3

4 Case 2:18-cv GAD-RSW ECF No. 1 filed 07/02/18 PageID.4 Page 4 of Plaintiffs, by reference, incorporate the preceding paragraphs of their 16. The Fourth Amendment applies to public school officials and encompasses the right to be free from unreasonable bodily restraint and unreasonable seizure. 17. Isolating an individual, like Serenity, by placing her in a room and standing in front of the doorway to prevent her from exiting, when Serenity was physically unable to free herself from this captivity, was an unreasonable seizure in violation of the Fourth Amendment. 18. Serenity suffered injuries as a result of these Constitutional violations. 19. The acts and omissions of Defendant Daley, among others, proximately caused those injuries. COUNT II VIOLATION OF THE FOURTEENTH AMENDMENT RIGHT TO PERSONAL SECURITY AND BODILY INTEGRITY 20. Plaintiffs, by reference, incorporate the preceding paragraphs of their 21. The Fourteenth Amendment encompasses the right to personal security and bodily integrity and applies to public school officials. 22. Isolating individuals, like Serenity, alone in a room as a form of punishment, when the person is unable to leave is a violation of the Fourteenth 4

5 Case 2:18-cv GAD-RSW ECF No. 1 filed 07/02/18 PageID.5 Page 5 of 8 Amendment right to personal security and bodily integrity and is not reasonably related to any pedological purpose. 23. Isolating Serenity in a room constituted deliberate indifference to her federally protected rights. 24. Serenity suffered an injury as a result of these Fourteenth Amendment violations. 25. Defendant s acts and/or omissions proximately caused the injuries. COUNT III: ASSAULT & BATTERY 26. Plaintiffs, by reference, incorporate the preceding paragraphs of their 27. Defendant Daley s act of moving Serenity into a room, isolating her there, and slamming Serenity s finger in a doorway constitutes a battery under Michigan state law. 28. Serenity suffered injuries as a result of the above-described battery. COUNT IV GROSS NEGLIGENCE 29. Plaintiffs, by reference, incorporate the preceding paragraphs of their 30. Defendants breached their duties to Plaintiff in at least one or more of the following particulars, so far is presently known: 5

6 Case 2:18-cv GAD-RSW ECF No. 1 filed 07/02/18 PageID.6 Page 6 of 8 a. Slamming a door on her finger; b. Failure to protect and provide a reasonably safe environment to Plaintiff; c. Putting Plaintiff in a dangerous situation; d. Others to be determined as discovery reveals. 31. That the negligent acts of Defendants, as outlined above, are an actual and proximate cause of Plaintiff Serenity Wadley s severe injury as hereinafter alleged. DAMAGES 32. Plaintiffs, by reference, incorporate the preceding paragraphs of their 33. As a direct and proximate result of Defendants illegal acts and/or omissions, Plaintiff suffered the following injuries and damages including, but not limited to: a. Physical pain and suffering; b. Mental anguish; c. Emotional distress; d. Severe anxiety; e. Fear and humiliation; f. Medical treatment; g. Reasonable attorney fees and costs; 6

7 Case 2:18-cv GAD-RSW ECF No. 1 filed 07/02/18 PageID.7 Page 7 of 8 h. Other damages to be revealed during the course of discovery and litigation. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Judgment in favor of Plaintiff and against Defendants, in an amount the Court or jury deems just and fair. Dated: July 2, 2018 Respectfully submitted, /s/jonathan R. Marko Jonathan R. Marko (P72450 Counsel for Plaintiff Marko Law, PLC 645 Griswold Street, Suite 4100 Detroit, Michigan (

8 Case 2:18-cv GAD-RSW ECF No. 1 filed 07/02/18 PageID.8 Page 8 of 8 JURY DEMAND NOW COMES Plaintiffs, by and through their attorneys Marko Law, PLC, and respectfully requests a trial by jury. Dated: July 2, 2018 Respectfully submitted, /s/jonathan R. Marko Jonathan R. Marko (P72450 Counsel for Plaintiff Marko Law, PLC 645 Griswold Street, Suite 4100 Detroit, Michigan ( CERTIFICATE OF SERVICE I hereby certify that on July 2, 2018, I served the foregoing paper to this Court s ECF System which will send notification of such filing to the above listed attorneys of record. /s/ Katie L. Williams Katie L. Williams 8