Askew #248480 v. Berrien, County of et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
COREY A. ASKEW #248480,
Plaintiff,
Case No: 1:24-cv-1010
v.
HON. ROBERT J. JONKER
COUNTY OF BERRIEN et al.,
Defendants.
/
ORDER APPROVING AND ADOPTING MAGISTRATE'S
REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by the United States
Magistrate 	Judge 	in 	this 	action 	on 	January 	27, 	2026 	(ECF 	No. 	55). 	The 	Report 	and
Recommendation was duly served on the parties, and no objections have been filed under 28
U.S.C. § 636(b)(1)(C).
ACCORDINGLY, IT IS ORDERED that the Report and Recommendation of the
Magistrate Judge (ECF No. 55) is APPROVED and ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment (ECF No.
42) is GRANTED in part and DENIED WITHOUT PREJUDICE in part, specifically: (1)
Plaintiff’s remaining Fourth Amendment claims be dismissed for failure to state a claim; (2)
Plaintiff’s conditions of confinement claims, articulated in paragraphs nine through thirteen of his
complaint, be dismissed for failure to state a claim; (3) Defendants Bailey, Burkes, Herbert, Magro,
Scott Kuhl, Erin Kuhl, Will, Hyun, and Tarnowski be granted summary judgment as to Plaintiff’s
conditions of confinement claims articulated in paragraphs six through eight of his complaint; (4)
Plaintiff’s excessive force claims arising from the July 28, 2022 search be dismissed for failure to
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state a claim; (5) Defendants Scott Kuhl, Magro, Phillips, Dipert, and Helfman be granted
summary judgment as to Plaintiff’s excessive force claims arising from the July 28, 2022 attempt
to photograph Plaintiff and record his fingerprints; (6) Defendants Berrien County, Bailey, Burkes,
Herbert, Hyun, Magro, Scott Kuhl, Erin Kuhl, and Will be granted summary judgment as to
Plaintiff’s claims regarding supervisory liability and policy implementation; and (7) Plaintiff’s
claims against Unknown Parties, #1, #2, #4, and #5 through #15 be dismissed for failure to timely
effect service.
Dated: 	February 20, 2026 	/s/ Robert J. Jonker
ROBERT J. JONKER
UNITED STATES DISTRICT JUDGE
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