Robinson v. City of Detroit Fire Department et al

Filing 30

ORDER Granting in Part and Denying in Part Defendants' 25 Motion to Dismiss. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROMAINE ROBINSON,
Plaintiff,

Case No. 16-cv-12713
Hon. Matthew F. Leitman

v.
CITY OF DETROIT FIRE
DEPARTMENT et al.,
Defendants.
___________________________________/
ORDER GRANTING IN PART AND DENYING IN PART
DEFENDANTS’ MOTION TO DISMISS (ECF #25)

In this action, Plaintiff Romaine Robinson (“Robinson”) bring claims against
the City of Detroit Fire Department, City of Detroit, Brian Bachynski, Jack Combs,
and Bryon Beales (collectively, “Defendants”). Bachynski, Combs, and Beales
(collectively, the “Individual Defendants”) are emergency medical technicians
employed by the City of Detroit and assigned to the Emergency Medical Services
division of the City of Detroit Fire Department. Robinson alleges that the Individual
Defendants restrained and attacked him when they were dispatched to his house to
provide emergency medical assistance.

1

Robinson filed his Complaint against Defendants on July 21, 2016. (See ECF
#1.) The claims in the Complaint are as follows: Count One asserts a claim under
42 U.S.C. § 1983 against the Individual Defendants for violations of the 4th and 14th
Amendments to the United States Constitution.

Count Two alleges gross

negligence, willful misconduct, and willful and wanton misconduct by the Individual
Defendants. Count Three asserts a state law claim of assault and battery against the
Individual Defendants. Count Four asserts a claim under 42 U.S.C. § 1983 against
the City of Detroit Fire Department and the City of Detroit.
On October 14, 2016, Defendants moved to dismiss the Complaint (the
“Motion”). (See ECF #25). Robinson filed a response to the Motion on November
07, 2016 (the “Response”). (See ECF #27.) The Court held a hearing on the Motion
on January 31, 2017.
For the reasons stated on the record at the hearing, the Motion is GRANTED
IN PART and DENIED IN PART as follows. The claims in Count I of the
Complaint are DISMISSED WITHOUT PREJUDICE. The claims in Count II are
DISMISSED WITH PREJUDICE because as explained on the record, they are not
causes of action recognized under Michigan law. However, Plaintiff may include in
his amended complaint the allegations of gross negligence, willful misconduct, and
willful and wanton misconduct found in Count II of the Complaint – just not as
stand-alone claims. The claims in Count IV against the City of Detroit Fire

2

Department are DISMISSED WITH PREJUDICE because the City of Detroit Fire
Department is not subject to suit. The claims in Count IV against the City of Detroit
are DISMISSED WITHOUT PREJUDICE. The Motion is DENIED with respect
to Count III.
Robinson shall file an amended complaint against all Defendants except the
City of Detroit Fire Department. The amended complaint shall include: (1) revised
versions of the claims in the Complaint that were dismissed without prejudice; (2)
the assault and battery claim found in Count III of the Complaint; and (3) any other
claims that Robinson believes can be reasonably alleged. Robinson must file the
amended complaint by February 28, 2017. Defendants shall file their response to
the amended complaint by March 28, 2017.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: February 1, 2017

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on February 1, 2017, by electronic means and/or
ordinary mail.
s/ Holly A. Monda
Case Manager
[phone]

3