1:23-cv-01312•Bye v. Munn et al
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1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN MICHAEL ROBERT BYE, Case No. 1:23-cv-1312 Plaintiff, Hon. Jane M. Beckering U.S. District Judge v. JUSTIN MUNN, et al., Defendants. / REPORT AND RECOMMENDATION I. Introduction This Report and Recommendation (R. & R.) considers sua sponte this Court’s subject matter jurisdiction over Plaintiff’s remaining claims against Defendant Cunningham. On December 18, 2023, Plaintiff Michael Robert Bye filed suit pursuant to 42 U.S.C § 1983 alleging Defendants – Building Official Justun Munn and Electrical Inspector Dave Cunningham − violated his Fourth, Fifth, and Fourteenth Amendment rights when they entered his dwelling without his authorization or an administrative warrant. (ECF Nos. 1 (Initial Complaint), 4 (First Amended Complaint).) On December 3, 2025, the Court issued an opinion dismissing Defendant Munn for lack of subject matter jurisdiction. (ECF No. 65.) In that opinion and order, the Court instructed the undersigned to issue an additional report and recommendation considering whether Plaintiff has standing to pursue his claims against Defendant Case 1:23-cv-01312-JMB-MV ECF No. 66, PageID.<pageID> Filed 12/17/25 Page 1 of 5
2 Cunningham and whether Defendant Cunningham is entitled to summary judgment. (Id., PageID.339.) The Court explained: The Magistrate Judge has recommended that the Court grant Defendant Munn’s motion for summary judgment in part on standing grounds—indicating that the Court lacks subject matter jurisdiction over Plaintiff’s claims—and the Magistrate Judge’s reasoning appears to apply equally to Plaintiff’s claims against both Defendants Munn and Cunningham (R&R, ECF No. 60 at PageID.290) (“Because Munn and Cunningham entered the unoccupied house only after having received permission to do so from Bye’s contractor, Bye suffered no invasion of a legally protected interest and thus does not have an injury sufficient to support standing or subject matter jurisdiction in this matter.”) (Id.) Now, the undersigned respectfully recommends dismissal of Bye’s remaining claims – his claims against Cunningham – for lack of subject matter jurisdiction. II. Factual Allegations In the R. & R. addressing Defendant Munn’s motion for summary judgment, the undersigned provided the following summary of Plaintiff’s allegations: In his unverified amended complaint, Bye alleges that sometime in 2023, he requested an electrical inspection for his “dwelling.” (ECF No. 4, PageID.12.) Bye states that he sought the inspection so that the energy company would restore power to the home. (Id.) Bye says that he initially met with an electrical inspector and that the inspector approved “all electrical work on interior of dwelling.” (Id.) While inspecting the electrical work outside the dwelling, the inspector “cited” Bye for the presence of vines on the electricity meter and the “weather head where overhead power lines connect.” (Id.) Bye says that he had the vines removed. (Id.) Bye states that after removing the offending vines, he contacted the electrical inspector to request a reinspection of the home. (Id.) However, the inspector “would not” give Bye an exact day or time to meet for the reinspection of the building. (Id.) Case 1:23-cv-01312-JMB-MV ECF No. 66, PageID.<pageID> Filed 12/17/25 Page 2 of 5
3 On October 16, 2023, Cunningham and Munn went to the house “unannounced.” (Id.) Bye says that the Defendants “pushed open the secured front door,” “entered without authorization or administrative warrant,” and then “inspected [the] dwelling and took pictures for approximately 20 minutes.” (Id.) Bye says that on an unspecified date, he contacted Cunningham via text and phone to request Cunningham contact the power company and restore electricity to the dwelling. (Id.) Cunningham did not contact the power company. (Id.) Later, Bye says that the electrician who had “performed [the] work” on the interior of the dwelling told him that he “was advised” power could not be restored to the dwelling until Plaintiff applied for mechanical, plumbing, and building permits for the home. (Id.) Bye alleges that Cunningham “defamed” his character by telling the electrician that Bye had a “Track Record” of not obtaining building permits and that Bye had spent time in federal prison. (Id., PageID.13.) Bye then contacted Munn, who confirmed power would not be returned to the dwelling until permits were pulled. (Id., PageID.12.) Munn informed Bye that he would cite Bye and that Bye could possibly be arrested if he was observed working on the building without the necessary permits. (Id., PageID.13.) Bye says that before the events relevant to this complaint, he had never interacted with the Defendants. (Id.) Still, Bye states that Munn and Cunningham caused him financial harm by preventing him from renovating his home. (Id.) Bye asserts that he pays $1,200 each month towards the mortgage on the dwelling and that the dwelling remains vacant, producing no income. (Id.) Bye says he has also suffered Post- traumatic Stress Disorder in the form of nightmares, which began after the incident. (Id.) Bye struggles to take his vehicle through the automatic car wash “because of the claustrophobia [he] suffers from.” (Id.) (ECF No. 60, PageID.271-73.) III. Analysis For a plaintiff to invoke federal jurisdiction to bring suit in the federal courts, he must demonstrate standing. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561–62 Case 1:23-cv-01312-JMB-MV ECF No. 66, PageID.<pageID> Filed 12/17/25 Page 3 of 5
4 (1992); Lynch v. Leis, 382 F.3d 642, 647 (6th Cir. 2004). Standing is central to the “case-or-controversy” requirement associated with Article III of the Constitution. Spokeo, Inc. v. Robins, 578 U.S. 330, 338 (2016). Plaintiff has the burden of demonstrating that he (1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that the injury is likely to be redressed by a favorable decision. Id. An injury in fact is a harm suffered by a plaintiff that (1) concrete and particularized and (2) not conjectural or hypothetical. Nader v. Blackwell, 545 F.3d 459, 471 (6th Cir. 2008). Further expounding on these elements, the Supreme Court has explained that an injury in fact is an “invasion of a legally protected interest” that is “concrete and particularized,” not “conjectural or hypothetical.” Lujan, 504 U.S. at 560. Traceability requires “a causal connection between the injury and the conduct complained of” and that the conduct not be a result of “the independent action of some third party.” Id. (internal quotation marks omitted). And for an injury to be redressable, it must be “likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.” Id. at 561 (internal quotation marks omitted). In the R. & R. addressing Defendant Munn’s motion for summary judgment, the undersigned explained that Bye does not have standing because he has failed to demonstrate an injury in fact. The undersigned explained: In the opinion of the undersigned, Bye has not demonstrated that he suffered an injury in fact sufficient to establish the standing necessary for subject matter jurisdiction in this matter. Bye has failed to provide Rule 56 evidence establishing that he suffered an invasion of a legally protected interest. In short, the record before the court indicates that Bye’s house was unoccupied, that Bye’s contractor requested the Case 1:23-cv-01312-JMB-MV ECF No. 66, PageID.<pageID> Filed 12/17/25 Page 4 of 5
5 inspection of the residence and thus had notice of the intended inspection of the residence. Munn’s agent, Cunningham, received permission from the person in charge of the structure, Bye’s contractor, to enter the house. As building instructor, Munn was authorized to conduct the inspection, as was his agent. Munn and Cunningham did not enter the structure until they were granted permission to do so from Bye’s contractor. Because Munn and Cunningham entered the unoccupied house only after having received permission to do so from Bye’s contractor, Bye suffered no invasion of a legally protected interest and thus does not have an injury sufficient to support standing or subject matter jurisdiction in this matter. (ECF No. 60, PageID.289-90.) The same analysis regarding standing applies to Bye’s claims against Cunningham. In the opinion of the undersigned, Bye has not established an injury in fact sufficient to maintain a claim in this case. Therefore, consistent with undersigned’s previous R. & R. (ECF No. 60) and the Court’s Order and Opinion (ECF No. 65), the undersigned respectfully recommends that the Court dismiss Bye’s remaining claims against Defendant Cunningham for lack of subject matter jurisdiction. If the Court adopts this recommendation, no claims will remain in this matter. Dated: December 17, 2025 /s/ `ttÜàxÇ ixÜÅttà MAARTEN VERMAAT U.S. MAGISTRATE JUDGE NOTICE TO PARTIES Any objections to this Report and Recommendation must be filed and served within fourteen days of service of this notice on you. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b). All objections and responses to objections are governed by W.D. Mich. LCivR 72.3(b). Failure to file timely objections may constitute a waiver of any further right of appeal. United States v. Walters, 638 F.2d 947 (6th Cir. 1981); see Thomas v. Arn, 474 U.S. 140 (1985). Case 1:23-cv-01312-JMB-MV ECF No. 66, PageID.<pageID> Filed 12/17/25 Page 5 of 5
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