Stojcevski et al v. Macomb, County of et al

Filing 261

OPINION and ORDER Signed by District Judge Linda V. Parker. (SSch)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAFINKA STOJCEVSKI,
as Personal Representative
of the Estate of DAVID STOJCEVSKI, Deceased,
Plaintiff,
Case No. 15-cv-11019
Honorable Linda V. Parker

v.
COUNTY OF MACOMB, et al.,
Defendant.
_________________________________/

OPINION AND ORDER
On September 30, 2019, this Court issued an Opinion and Order disposing
of several dispositive motions filed by Defendants. (See ECF No. 186.) Upon
review of the decision, it appears that while summary judgment was granted to the
following Defendants, the dismissal of Plaintiff’s claims against them and their
removal as parties was omitted: Natalie Pacitto, Amber Barber, Linda Parton,
Thressa Williams, and Sarah Breen. (See id. at Pg ID 6986, 6973.) Therefore, the
Court is now disposing of those Defendants as parties.
Further, the Court neglected to discuss Plaintiff’s claims against Defendant
Heather Ehrlich in its decision. But then again, so did Plaintiff in responding to the
motion for summary judgment filed on behalf of Ehrlich and other defendants.
(See ECF No. 158.) As Plaintiff did not set forth any arguments for why Ehrlich

should be found to have been deliberately indifferent to David’s serious medical
needs, Plaintiff can be deemed to have abandoned the claims against her. See
McPherson v. Kelsey, 125 F.3d 989, 995-96 (6th Cir. 1997) (explaining that
“[i]ssues adverted to in a perfunctory manner, unaccompanied by some effort at
developed argumentation, are deemed waived.”); see also Courser v. Mich. House
of Representatives, 831 F. App’x 161, 177-78 (6th Cir. 2020) (concluding that the
plaintiff abandoned several claims by failing to make any arguments or “developed
argumentation” concerning them).
In any event, Ehrlich’s involvement with David was limited to performing a
COWS assessment during his first and second days at the jail. (See ECF No. 186
at Pg ID 6950.) The record does not reflect facts from which a reasonable juror
could conclude that David exhibited signs of a serious medical condition when
Ehrlich interacted with him so as to make her subjectively aware of the need for
more care than she provided. The Court, therefore, is now granting summary
judgment to Ehrlich and dismissing her as a party from this action.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: September 22, 2021