1:25-cv-01231•Taylor v. McCowan
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1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN WAYNE TAYLOR, III, Case No. 1:25-cv-01231 Plaintiff, Hon. Jane M. Beckering U.S. District Judge v. KELLIE HUGHES MCCOWAN, Defendant. / REPORT AND RECOMMENDATION I. Introduction Pro se Plaintiff Wayne Taylor, a resident of California, filed this defamation lawsuit against Defendant Kellie Hughes McCowan, a resident of Michigan. (ECF No. 1.) Taylor invokes this Court’s diversity jurisdiction under 28 U.S.C. § 1332. Taylor requests $75,001.00 in compensatory damages and more than $75,001.00 in punitive damages. Plaintiff says that “around 5/15/24” Defendant, in the presence of others, stated false and defamatory words by speaking about Plaintiff and asserting words that “Plaintiff is a manipulative, oppressive, and abusive person towards Defendant and Plaintiff’s family members.” (Id., PageID.4.) Plaintiff asserts three claims under Michigan law: (1) slander per se, (2) invasion of privacy, and (3) intentional infliction of emotional distress. On October 15, 2025, Plaintiff was granted in forma pauperis status. (ECF No. 5.) Case 1:25-cv-01231-JMB-MV ECF No. 7, PageID.<pageID> Filed 10/28/25 Page 1 of 5
2 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 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). Case 1:25-cv-01231-JMB-MV ECF No. 7, PageID.<pageID> Filed 10/28/25 Page 2 of 5
3 III. Analysis Plaintiff asserts that on May 15, 2024, Defendant made a statement that he was manipulative, oppressive, and abusive. In Michigan, slander is oral defamation. Brode v. Bosquette & Co., Inc., Case No. 09-14212, 2011 WL 3648263, at *6 (E.D. Mich. Aug. 18, 2011). To state a claim for defamation under Michigan law, a plaintiff must plead “(1) a false and defamatory statement concerning the plaintiff, (2) an unprivileged publication to a third party, (3) fault, amounting to at least negligence on the part of the publisher, and (4) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication.” Cole v. Knoll, Inc., 984 F. Supp. 1117, 1134 (W.D. Mich. 1997). Satgunam v. Kiley, No. 1:19-CV-886, 2020 WL 13546501, at *2 (W.D. Mich. Nov. 12, 2020). Slander per se exists where the words spoken are false and malicious and are injurious to a person in his or her profession or employment. Croton v. Gillis, 104 Mich. App. 104, 108-109, 304 N.W.2d 820 (1981). In Michigan the statute of limitations is one year for a slander claim. M.C.L. § 600.5805(11). A slander claim accrues when the publication occurs, not when the plaintiff discovers it. Winkler v. Federal-Mogul Corp., No. 1:09-cv-745, 2010 WL 11688595, at *9 (W.D. Mich. Nov. 18, 2010). Plaintiff filed his complaint on October 10, 2025, which is outside the one-year statute of limitations period. In the opinion of the undersigned, Plaintiff’s slander claim is barred. Plaintiff’s invasion of privacy claim requires allegations that could establish (1) publicity and (2) placement of the plaintiff in false light in the public eye. Satgunam, at *2 (concluding that information published to only a limited number of people is insufficient). The failure to establish the publicity element requires Case 1:25-cv-01231-JMB-MV ECF No. 7, PageID.<pageID> Filed 10/28/25 Page 3 of 5
4 dismissal of the claim. Id. A Plaintiff must establish that the publication was made “to the public in general, or to a large number of people.” Derderian v. Genesys Health Care Sys., 263 Mich. App. 364, 387, 689 N.W.2d 145, 160 (2004). For example, one letter to a limited audience is insufficient publication. Sawabini v. Desenberg, 143 Mich. App. 373, 380, 372 N.W.2d 559, 564 (1985). In the opinion of the undersigned, Plaintiff has not alleged facts establishing sufficient publication to support his invasion of privacy claim. Plaintiff alleges only that an oral statement was made in one named person’s presence and in the presence of other unknown people. Plaintiff’s complaint is insufficient to support an invasion of privacy claim. Plaintiff asserts an intentional infliction of emotional distress cause of action. Under Michigan law, a Plaintiff must allege each element of an intentional infliction of emotional distress claim. To state an intentional infliction of emotional distress, a plaintiff must assert allegations that could show (1) that the defendant engaged in extreme and outrageous conduct, (2) that the conduct was intentional or reckless, (3) causation, and (4) that plaintiff experienced severe emotional distress. Burton v. City of Detroit, No. 340592, 2019 WL 1866593, at *4 (Mich. App. Apr. 25, 2019) (citation omitted). “To be considered extreme and outrageous, the conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community.” Id. (citation omitted) “However, liability does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.” Case 1:25-cv-01231-JMB-MV ECF No. 7, PageID.<pageID> Filed 10/28/25 Page 4 of 5
5 Linebaugh v. Sheraton Michigan Corp., 198 Mich. App. 335, 342, 497 N.W.2d 585, 588 (1993). Here, Plaintiff has alleged nothing more than an isolated statement made by Defendant that insulted him. Under these facts, Plaintiff’s complaint necessarily fails as frivolous. In the opinion of the undersigned, Plaintiff has failed to allege facts which could state a claim for intentional infliction of emotional distress. IV. Recommendation The undersigned respectfully recommends that the Court dismiss the complaint because his defamation claim is barred by the statute of limitations period, and his claims are frivolous and fail to state claims upon which relief may be granted. Dated: October 28, 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 1:25-cv-01231-JMB-MV ECF No. 7, PageID.<pageID> Filed 10/28/25 Page 5 of 5
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