Brown et al v. Hatch et al

Filing 52

JUDGMENT in favor of Defendants on Count III only against Plaintiff Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARVIN BROWN, as Personal
Representative of the Estate of
MIRANDA HENRY,
Plaintiff,
Case No. 12-14190
v.
Hon. Patrick J. Duggan
DANA HATCH and STARR
COMMONWEALTH,
Defendants.
____________________________________/
JUDGMENT
On September 20, 2012, Plaintiff Marvin Brown as the personal
representative of the estate of his natural daughter Miranda Henry, 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 Michigan
statutory and common law. (ECF No. 1.) On August 20, 2013, Defendant 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(b)(6)
motion on August 28, 2013. (ECF No. 38.) In an Opinion and Order entered on

this date, the Court dismissed Plaintiff’s federal § 1983 claim with prejudice for
failure to state a claim upon which relief may be granted. The Court declined to
exercise supplemental jurisdiction over the four remaining state law claims and
dismissed those counts without prejudice.
Accordingly,
IT IS ORDERED, ADJUDGED, AND DECREED that judgment is
entered in favor of Defendants Hatch and Starr Commonwealth on Plaintiff’s §
1983 claim and that Count III is therefore DISMISSED WITH PREJUDICE;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
remaining state law claims (Counts I-II, IV-V) are DISMISSED WITHOUT
PREJUDICE.
Dated: October 30, 2013
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE

Copies to:
Michael J. Rothstein, Esq.
Paula A. Aylward, Esq.
Cameron R. Getto, Esq.

2