Kennedy v. Rupe et al

Filing 7

ORDER Adopting 5 Report and Recommendation and Dismissing Plaintiff's 1 Complaint. Signed by District Judge Thomas L. Ludington. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
LANA KENNEDY,
Plaintiff,
v.

Case No. 17-cv-13187
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris

KERRI RUPE, et al,
Defendants.
__________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING PLAINTIFF’S COMPLAINT
On September 28, 2017, Plaintiff Lana Kennedy filed a complaint alleging that the
Defendants, several individuals involved in child protective proceedings, violated her rights
when they removed her children from her. ECF No. 1. All pretrial matters were referred to
Magistrate Judge Patricia T. Morris. ECF No. 3. On October 4, 2017, Judge Morris issued a
report recommending that the complaint be sua sponte dismissed. ECF No. 5. In the report and
recommendation, Judge Morris explained that social workers who initiate judicial proceedings
against those suspected of child abuse or neglect are entitled to absolute immunity when they act
as legal advocates. Further, social workers are entitled to qualified immunity when they act as
investigators. Finally, Judge Morris explained that Michigan law provides immunity for social
workers and foster care providers for state law claims. Because all Defendants are entitled to
immunity, Judge Morris recommended dismissal of the action.
Although the Magistrate Judge’s report explicitly stated that the parties to this action may
object to and seek review of the recommendation within fourteen days of service of the report,
Plaintiff has not filed any objections. The election not to file objections to the Magistrate Judge’s

report releases the Court from its duty to independently review the record. Thomas v. Arn, 474
U.S. 140, 149 (1985). The failure to file objections to the report and recommendation waives any
further right to appeal. Because Taylor’s claims for monetary relief are barred by the Eleventh
Amendment, they will be dismissed.
Accordingly, it is ORDERED that the Magistrate Judge’s report and recommendation,
ECF No. 5, is ADOPTED.
It is further ORDERED that Plaintiff Kennedy’s complaint, ECF No. 1, is DISMISSED.

Dated: October 25, 2017

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on October 25, 2017.
s/Kelly Winslow
KELLY WINSLOW, Case Manager

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