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)

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

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