1:25-cv-00820•Broom #691462 v. Hallacy et al
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1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN QUENTIN JAMES BROOM, JR., #691462, Case No. 1:25-cv-00820 Plaintiff, Hon. Jane M. Beckering U.S. District Judge v. JOHN A. HALLACY, et al., Defendants / REPORT AND RECOMMENDATION I. Introduction Pro se Plaintiff state prisoner Quentin James Broom, Jr.1 filed his initial civil complaint in the Eastern District of Michigan on May 13, 2025. (ECF No. 1.) On July 23, 2025, this case was transferred to the Western District of Michigan. (ECF No. 5.) After transfer to this Court, the undersigned issued a Report and Recommendation (R. & R.) recommending that Broom’s complaint be dismissed based on the Court’s screening authority in 28 U.S.C. § 1915(e)(2)(B). (ECF No. 10.) Broom then filed two motions to amend his complaint. (ECF Nos. 11 and 12.) U.S. District Judge Beckering then issued an order dismissing ECF No. 10 as moot and directing the undersigned “to consider whether Plaintiff’s motions to correct or amend should be granted and to determine whether those motions affect the Magistrate Judge’s prior recommendations.” (ECF No. 15.) 1 Broom also asserts that he is suing in the names Quentin James Broom, Jr., Inc.; Ambassador Quentin James Broom; Jr., Quentin James Broom, Jr., Plan Administrator; Quentin James Broom, Jr., Administrator; and Broom Jr Quentin James. (ECF No. 12-1, PageID.126-127.) Case 1:25-cv-00820-JMB-MV ECF No. 20, PageID.<pageID> Filed 12/16/25 Page 1 of 11
2 Also pending before the Court are the following: (1) Broom’s motion for permission to proceed in litigation, and for a show cause proceeding and order (ECF No. 16), (2) Defendants’ motion to dismiss (ECF No. 9), and (3) Plaintiff’s motion to overrule Defendants’ Rule 12(b)(6) motion and for an order directing the prosecutor to “certify charge on the record” (ECF No. 17). On July 25, 2025, Broom was granted in forma pauperis status.2 (ECF No. 8.) Broom attached two different proposed complaints to his two motions to amend. (See ECF Nos. 11-1 and 12-1.) Broom asserts in his amended complaints that this Court has jurisdiction under both federal question and diversity jurisdiction. 3 (ECF No. 12-1, PageID.123.) Defendants named in the proposed complaints are 37th Circuit Court Judge Hallacy; the Michigan Parole Board and its members; the law firm of Podolsky and Wickham, PLLC; Attorney Wickham; and Parole Agent Tracie Portillo. (ECF No. 12-1.) In his first claim, Broom asserts that he entered into a plea agreement on a felony firearm charge to a 24-month sentence. (ECF No. 11-1, PageID.78-79.) He asserts that there were errors in the Presentence Investigation Report that were never corrected by his attorney Wickham or by Judge Hallacy before sentencing. (Id., PageID.79-80.) Broom asserts that he filed a motion for relief from judgment in the 2 The Court did not direct the U.S. Marshals service to serve the summons and complaint on any Defendant. Despite that fact, Defendants Podolsky and Wickham entered appearances by counsel and filed a motion to dismiss. (ECF No. 9.) If the Court accepts Plaintiff’s amended complaints, attorney Podolsky, who was named in the original complaint, will no longer be individually named as a Defendant. 3 Broom has not shown that diversity jurisdiction applies. Broom has failed to allege that the parties are from different states. It appears that all the parties are residents of Michigan. Case 1:25-cv-00820-JMB-MV ECF No. 20, PageID.<pageID> Filed 12/16/25 Page 2 of 11
3 state court, but Judge Hallacy would not correct his “wrongful, unlawful or dishonest act.” (Id.) After his motion was denied, he filed this lawsuit. (Id., PageID.80.) In his second claim, Broom asserts that the Presentence Investigation Report was inaccurate and his counsel failed to correct it. He asserts that a credit card number issued to him was used as a “DLN/State Identification card number.” (Id., PageID.82.) Plaintiff says that he should not have been identified by his social security number or birth certificate. (Id., PageID.83.) Broom asserts that his counsel erred by not correcting these issues before his sentencing. Broom says that his counsel failed to file a motion for relief from judgment on these issues, and his motion to alter or to amend judgment was denied. In his third claim, Broom asserts that he was on parole at the time he was arrested for the most recent crime and sentenced to 24 months imprisonment. (Id., PageID.89.) He alleges that the parole board is treating “this ‘New Court Commitment” as if it is only a ‘parole violation’, which in term, it is not.” (Id.) Broom says that as a prisoner he is being “kidnaped” and forced to work in the state employment prison system by the Michigan Parole Board. (Id., PageID.90.) He asserts a Fifth Amendment violation under the Takings Clause. (Id.) Broom requests injunctive relief and damages. The Michigan Department of Corrections Offender Tracking Information System (OTIS) website shows that Broom was sentenced on January 22, 2024, to 2 years for a Weapons-Felony Firearm offense.4 This is the sentence that Broom 4 https://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=691462. Case 1:25-cv-00820-JMB-MV ECF No. 20, PageID.<pageID> Filed 12/16/25 Page 3 of 11
4 appears to challenge. Broom was also previously sentenced for several other convictions. On April 29, 2016, Broom was sentenced to 5 years to 22 years and 6 months on two separate criminal sexual conduct offenses. On October 8, 2014, he was sentenced to five months to 2 years and 6 months for a prisoner possessing weapons. Finally, on November 3, 2011, Broom was sentenced to 3 years to 20 years on assault with intent to commit great bodily harm less than murder. These convictions make Broom’s earliest release date January 21, 2026, and his maximum release date June 14, 2058. It appears that Broom committed his most recent crime, a 2023 felony firearms conviction, while he was on parole from his numerous other convictions. As a result, he was given an additional 2-year sentence for the felony firearms conviction. II. Standard of Law Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss any action brought in forma pauperis if the action is (1) frivolous or malicious; (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief against a defendant who is immune from such relief. A complaint may be dismissed for failure to state a claim if it fails “to give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). While a complaint need not contain detailed factual allegations, a plaintiff’s allegations must include more than labels and conclusions. Id. The court must determine whether the complaint contains “enough facts to state a claim to Case 1:25-cv-00820-JMB-MV ECF No. 20, PageID.<pageID> Filed 12/16/25 Page 4 of 11
5 relief that is plausible on its face.” Id. at 570. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). Although the plausibility standard is not equivalent to a “probability requirement, . . . it asks for more than a sheer possibility that a defendant has acted unlawfully.” Id. at 678 (quoting Twombly, 550 U.S. at 556). In addition, the Court must read Plaintiff’s pro se complaint indulgently, see Haines v. Kerner, 404 U.S. 519, 520 (1972), and accept Plaintiff’s allegations as true, unless they are clearly irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992). III. Analysis First, any issues that Broom asserts regarding his state law criminal proceedings and convictions are matters that need to be directed to the state courts. In this lawsuit, Broom is challenging his felony firearm conviction and 2-year sentence. He must first overturn his conviction before he can sue for money damages. In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court held that a state prisoner cannot make a cognizable claim under § 1983 for an allegedly unconstitutional conviction or for “harm caused by actions whose unlawfulness would render a conviction or sentence invalid” unless a prisoner shows that the conviction or sentence has been “reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court’s issuance of a writ of habeas corpus.” 512 U.S. at Case 1:25-cv-00820-JMB-MV ECF No. 20, PageID.<pageID> Filed 12/16/25 Page 5 of 11
6 486–87 (footnote omitted). Accordingly, Broom must successfully appeal his convictions and sentences in the Michigan courts before he can file a claim for monetary damages under 42 U.S.C. § 1983 asserting that his conviction or sentence violated his federal rights. Broom has not done so. For this reason, it is recommended that the Court dismiss this case. There are additional reasons to dismiss this case against Defendants. Broom sues Michigan Circuit Court Judge Hallacy because he denied Broom’s motion for relief from judgment. Judges are absolutely immune from a suit for monetary damages. Mireles v. Waco, 502 U.S. 9, 9–10 (1991) (“[I]t is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.”) (internal quotations omitted); Barrett v. Harrington, 130 F.3d 246, 254 (6th Cir. 1997); Barnes v. Winchell, 105 F.3d 1111, 1115 (6th Cir. 1997). Absolute judicial immunity may be overcome in only two instances. First, a judge is not immune from liability for non-judicial actions, i.e., actions not taken in the judge’s judicial capacity. Mireles, 502 U.S. at 11; see Forrester v. White, 484 U.S. 219, 229 (1988) (noting that immunity is grounded in “the nature of the function performed, not the identity of the actor who performed it”). Second, a judge is not immune for actions, though judicial in nature, that are taken in complete absence of all jurisdiction. Id. at 12; Bright v. Gallia Cnty., 753 F.3d 639, 649 (6th Cir. 2014) (recognizing the difference between an “excess of jurisdiction and the clear absence of all jurisdiction over the Case 1:25-cv-00820-JMB-MV ECF No. 20, PageID.<pageID> Filed 12/16/25 Page 6 of 11
7 subject matter[,]” and noting that only the latter deprives a judge of judicial immunity). Plaintiff’s factual allegations clearly fail to implicate any exceptions to judicial immunity. Here, Plaintiff alleges that Judge Hallacy denied his motion for relief from judgment. The act of ruling on motions is clearly judicial and Plaintiff may not sue Judge Hallacy on the basis that he denied a motion. Plaintiff does not fully explain why he is suing the Michigan Parole Board or its members. Nor has Plaintiff asserted a claim against Defendant parole agent Tracie Portillo. The Michigan Parole Board is part of the Michigan Department of Corrections. Mich. Comp. Laws § 791.231a(1). Regardless of the form of relief requested, the states and their departments are immune under the Eleventh Amendment from suit in the federal courts, unless the state has waived immunity or Congress has expressly abrogated Eleventh Amendment immunity by statute. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 98-101 (1984); Alabama v. Pugh, 438 U.S. 781, 782 (1978); O’Hara v. Wigginton, 24 F.3d 823, 826 (6th Cir. 1994). Congress has not expressly abrogated Eleventh Amendment immunity by statute, Quern v. Jordan, 440 U.S. 332, 341 (1979), and the State of Michigan has not consented to civil rights suits in federal court. Abick v. Michigan, 803 F.2d 874, 877 (6th Cir. 1986). Therefore, the Michigan Parole Board, as part of the Michigan Department of Corrections, is immune from injunctive and monetary relief. See Harrison v. Michigan, 722 F.3d 768, 771 (6th Cir. 2013) (holding that both the MDOC and the parole board are entitled to immunity under the Eleventh Case 1:25-cv-00820-JMB-MV ECF No. 20, PageID.<pageID> Filed 12/16/25 Page 7 of 11
8 Amendment); Horton v. Martin, 137 F. App’x 773, 775 (6th Cir. 2005) (Michigan Parole Board entitled to Eleventh Amendment immunity); Lee v. Mich. Parole Bd., 104 F. App’x 490, 492 (6th Cir. 2004) (same); Fleming v. Martin, 24 F. App’x 258, 259 (6th Cir. 2001) (same). In addition, the Michigan Parole Board is not a “person” who may be sued under § 1983 for money damages. See Harrison, 722 F.3d at 771. To the extent that Broom may be alleging that his parole was wrongfully revoked, his claim is not cognizable. Claims which challenge the revocation of parole are not cognizable under § 1983 until the parole revocation “has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court’s issuance of a writ of habeas corpus.” Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). The principles espoused in Heck have been applied to § 1983 actions challenging state parole revocation proceedings in the absence of a previous decision by a state or federal tribunal declaring the parole revocation invalid. Littles v. Board of Pardons & Paroles Div., 68 F.3d 122, 123 (5th Cir.1995) (per curiam); Lovett v. Kinkela, No. 98-3894, 1999 WL 644323, at *1 (6th Cir. Aug. 16, 1999); Corsetti v. McGinnis, No. 95-2061, 1996 WL 543684, at *1 (6th Cir. Sept. 24, 1996). Here, assuming that Broom is making such a claim, he has not demonstrated the invalidity of his parole revocation by either a state or federal habeas corpus decision. Therefore, Broom fails to present a cognizable federal claim against the Michigan Parole Board or its members. Nor may Broom assert a federal cause of action against attorney Wickham or Case 1:25-cv-00820-JMB-MV ECF No. 20, PageID.<pageID> Filed 12/16/25 Page 8 of 11
9 her law firm. To state a claim under 42 U.S.C. § 1983, a plaintiff must allege the violation of a right secured by the federal Constitution or laws and must show that the deprivation was committed by a person acting under color of state law. West v. Atkins, 487 U.S. 42, 48 (1988); Dominguez v. Corr. Med. Servs., 555 F.3d 543, 549 (6th Cir. 2009); Street v. Corr. Corp. of Am., 102 F.3d 810, 814 (6th Cir. 1996). “[T]he Fourteenth Amendment, which prohibits the states from denying federal constitutional rights and which guarantees due process, applies to acts of the states, not to acts of private persons or entities.” Rendell-Baker v. Kohn, 457 U.S. 830, 837, 1982). In order for a private party’s conduct to be under color of state law, it must be fairly attributable to the State. Lugar v. Edmondson Oil Co., 457 U.S. 922, 937 (1982). There must be a sufficiently close nexus between the State and the challenged action of the defendant so that the action of the latter may be fairly treated as that of the State itself. Skelton v. Pri-Cor, Inc., 963 F.2d 100, 102 (6th Cir. 1991) (citing Jackson v. Metro. Edison Co., 419 U.S. 345, 351 (1974)). Broom has failed to meet this standard. Broom has asserted no factual allegations that would indicate that attorney Podolsky is a state actor. Nor has Broom alleged sufficient facts that could establish that Defendant Wickham violated his rights during her representation of Broom. Finally, to the extent that Broom has asserted state law claims against Defendants, it is recommended that the Court decline supplemental jurisdiction over those claims. In determining whether to retain supplemental jurisdiction, “[a] Case 1:25-cv-00820-JMB-MV ECF No. 20, PageID.<pageID> Filed 12/16/25 Page 9 of 11
10 district court should consider the interests of judicial economy and the avoidance of multiplicity of litigation and balance those interests against needlessly deciding state law issues.” Landefeld v. Marion Gen. Hosp., Inc., 994 F.2d 1178, 1182 (6th Cir. 1993). Ordinarily, where a district court has exercised jurisdiction over a state- law claim solely by virtue of supplemental jurisdiction and the federal claims are dismissed prior to trial, the court will dismiss the remaining state-law claims. Id. Dismissal, however, remains “purely discretionary.” Carlsbad Tech., Inc. v. HIF Bio, Inc., 556 U.S. 635, 639 (2009) (citing 28 U.S.C. § 1367(c)); Orton v. Johnny’s Lunch Franchise, LLC, 668 F.3d 843, 850 (6th Cir. 2012). It is respectfully recommended that the Court decline to exercise supplemental jurisdiction over the state law claims. IV. Recommendation Accordingly, the undersigned respectfully recommends that the Court grant Broom’s motions for leave to amend his complaint (ECF No. 11 and 12), strike Defendants’ motion to dismiss (ECF No. 9), deny Broom’s motions to proceed and to order the prosecutor to certify (ECF No. 16 and 17), and dismiss the complaint because Broom has failed to state an actionable federal claim upon which relief may be granted. NOTICE TO PARTIES: Objections to this Report and Recommendation must be served on opposing parties and filed with the Clerk of the Court within fourteen (14) days of receipt of this Report and Recommendation. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b); W.D. Mich. LCivR 72.3(b). Failure to file timely objections Case 1:25-cv-00820-JMB-MV ECF No. 20, PageID.<pageID> Filed 12/16/25 Page 10 of 11
11 constitutes a waiver of any further right to appeal. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). See also Thomas v. Arn, 474 U.S. 140 (1985). Dated: December 16, 2025 /s/ `ttÜàxÇ ixÜÅttà MAARTEN VERMAAT U. S. MAGISTRATE JUDGE Case 1:25-cv-00820-JMB-MV ECF No. 20, PageID.<pageID> Filed 12/16/25 Page 11 of 11
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