Carouthers v. Kalamazoo County Jail et al

Filing 35

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 34 ; 29 is granted in part and denied in part; signed by Chief Judge Hala Y. Jarbou (kjw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TONY CAROUTHERS, Plaintiff, Case No. 1:21-cv-758 v. Hon. Hala Y. Jarbou KALAMAZOO COUNTY JAIL, et al., Defendants. ____________________________/ ORDER On October 26, 2022, Magistrate Judge Phillip J. Green issued a Report and Recommendation (R&R) recommending that Defendants’ Motion for Summary Judgment (ECF No. 29) be granted in part and denied in part (R&R, ECF No. 34). The R&R was duly served on the parties. No objections have been filed, and the deadline for doing so expired on November 9, 2022. On review, the Court concludes that the R&R correctly analyzes the issues and makes a sound recommendation. Accordingly, IT IS ORDERED that the R&R (ECF No. 34) is APPROVED and ADOPTED as the opinion of the Court, except as to its conclusion that an appeal would be frivolous. IT IS FURTHER ORDERED that Defendants’ motion for summary judgment (ECF No. 29) is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that Plaintiff’s Eighth Amendment claims against Defendants Fuller, Downey, Herrick, Doorlag, Shriner, and Quinley are DISMISSED because Defendants are immune from a suit for damages in their official capacities. IT IS FURTHER ORDERED that Plaintiff’s Eighth Amendment claim of failure to train against Defendant Kalamazoo County is DISMISSED for failure to state a claim. IT IS FURTHER ORDERED that Plaintiff’s state law claims are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the Court declines to certify that an appeal would not be in good faith. A judgment will issue in accordance with this order. /s/ Hala Y. Jarbou HALA Y. JARBOU CHIEF UNITED STATES DISTRICT JUDGE Dated: November 19, 2022 2

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