1:26-cv-01103•Perry v. Michigan, State of et al
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMIE PHILLIP PERRY, Plaintiff, v. MICHIGAN, STATE OF, et al., Defendants. ______________________________/ Hon. Jane M. Beckering Case No. 1:26-cv-1103 REPORT AND RECOMMENDATION This is a civil rights action brought by a county detainee under 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis. Under the Prison Litigation Reform Act (PLRA), Pub. L. No. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant immune from such relief. 28 U.S.C. §§ 1915(e)(2), 1915A. Plaintiff sues the State of Michigan, the United States of America, Berrien County, and the City of Niles. 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). Applying these standards, and pursuant to 28 U.S.C. § 636(b)(1)(B), I recommend that the Court DISMISS Plaintiff’s complaint for lack of jurisdiction and failure to state a claim upon which relief may be granted. I. Background Plaintiff is presently incarcerated in the Berrien County Jail. The events about which he complains occurred at that facility. Plaintiff alleges that he has been falsely imprisoned since Case 1:26-cv-01103-JMB-SJB ECF No. 6, PageID.<pageID> Filed 04/13/26 Page 1 of 6
2 October 3, 2023. He asserts that his imprisonment is unlawful because the complaint and warrant provided to the City of Niles Circuit Court was not signed by a judge finding probable cause. (ECF No. 1 at PageID.4.) Plaintiff alleges the unsigned complaint and warrant resulted in a malicious prosecution. (Id.) Plaintiff claims that he has suffered many injuries as a result of his incarceration, has been denied effective assistance of counsel, and has suffered cruel and unusual punishment due to being held in segregation since October 17, 2023. (Id.) For relief, Plaintiff requests punitive damages against the State of Michigan in the amount of $11 billion up to $500 billion. (Id. at PageID.5.) II. Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12(b)(6), a claim must be dismissed for failure to state a claim on which relief may be granted unless the “[f]actual allegations [are] enough to raise a right to relief above the speculative level on the assumption that all of the complaint’s allegations are true.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 545 (2007) (internal citations and footnote omitted). As the Supreme Court has held, to satisfy this rule, a complaint must contain “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). This plausibility standard “is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Id. If the complaint simply “pleads facts that are merely consistent with a defendant’s liability, it stops short of the line between possibility and plausibility of entitlement to relief.” Id. (internal quotation marks omitted). As the Court further observed: Two working principles underlie our decision in Twombly. First, the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice. Rule 8 marks a Case 1:26-cv-01103-JMB-SJB ECF No. 6, PageID.<pageID> Filed 04/13/26 Page 2 of 6
3 notable and generous departure from the hypertechnical, code-pleading regime of a prior era, but it does not unlock the doors of discovery for a plaintiff armed with nothing more than conclusions. Second, only a complaint that states a plausible claim for relief survives a motion to dismiss. Determining whether a complaint states a plausible claim for relief will, as the Court of Appeals observed, be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. But where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged— but it has not “show[n]”—“that the pleader is entitled to relief.” Id. at 678–79 (internal citations omitted). 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); Street v. Corr. Corp. of Am., 102 F.3d 810, 814 (6th Cir. 1996). Because Section 1983 is a method for vindicating federal rights, not a source of substantive rights itself, the first step in an action under Section 1983 is to identify the specific constitutional right allegedly infringed. Albright v. Oliver, 510 U.S. 266, 271 (1994). III. Discussion A. United States Plaintiff does not indicate why he has sued the United States. Nonetheless, the Court lacks jurisdiction because Plaintiff fails to allege a statutory waiver of sovereign immunity. See FDIC v. Meyer, 510 U.S. 471, 475 (1994) (sovereign immunity, which is jurisdictional in nature, deprives a court of subject matter jurisdiction absent a waiver). It is well established that under the doctrine of sovereign immunity, the United States may not be sued without its consent. Hercules, Inc. v. United States, 516 U.S. 417 (1996); Lehman v. Nakshian, 453 U.S. 156 (1981). “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” Gao v. Jenifer, 185 F.3d 548, 554 (6th Cir. 1999) (internal quotation marks omitted). The plaintiff bears the burden Case 1:26-cv-01103-JMB-SJB ECF No. 6, PageID.<pageID> Filed 04/13/26 Page 3 of 6
4 of identifying a waiver of sovereign immunity. See Reetz v. United States, 224 F.3 794, 795 (6th Cir. 2000). A plaintiff's failure to identify a waiver of sovereign immunity requires dismissal for lack of jurisdiction. Id. Here, Plaintiff fails to identify an express waiver of sovereign immunity by Congress that allows him to sue the United States in this action. Accordingly, his complaint against the United States is properly dismissed for lack of jurisdiction. B. State of Michigan Plaintiff names the State of Michigan as a Defendant. (Id. at PageID.3.) Section 1983, however, expressly requires that a named defendant be a “person.” See Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978). Courts have long held that the State of Michigan is not a “person” who may be sued under Section 1983 for money damages. See Lapides v. Bd. of Regents, 535 U.S. 613, 617 (2002) (citing Will v. Mich. Dep’t of State Police, 491 U.S. 58, 66 (1989)); Harrison v. Michigan, 722 F.3d 768, 771 (6th Cir. 2013). Accordingly, Plaintiff fails to state a claim upon which relief can be granted against the State of Michigan. In addition, Plaintiff’s claims against the State of Michigan are barred in this federal Court by the Eleventh Amendment. 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). Case 1:26-cv-01103-JMB-SJB ECF No. 6, PageID.<pageID> Filed 04/13/26 Page 4 of 6
5 C. Berrien County and City of Niles Plaintiff also names Berrien County and the City of Niles, but he fails to state a claim upon which relief may be granted. The City and County cannot be held vicariously liable for the actions of their employees under Section 1983. See Connick v. Thompson, 563 U.S. 51, 60 (2011); City of Canton v. Harris, 489 U.S. 378, 392 (1989). Instead, a municipality is liable only when its official policy or custom causes the injury. Connick, 563 U.S. at 60. This policy or custom must be the moving force behind the alleged constitutional injury, and the plaintiff must identify the policy or custom, connect it to the governmental entity, and show that his injury was incurred because of the policy or custom. See Turner v. City of Taylor, 412 F.3d 629, 639 (6th Cir. 2005). A policy includes a “policy statement, ordinance, regulation, or decision officially adopted and promulgated” by the municipality. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690 (1978). Moreover, the Sixth Circuit has explained that a custom “for purposes of Monell liability must ‘be so permanent and well settled as to constitute a custom or usage with the force of law.’” Doe v. Claiborne Cnty., 103 F.3d 495, 507 (6th Cir. 1996). “In short, a ‘custom’ is a ‘legal institution’ not memorialized by written law.” Id. at 508. Plaintiff’s complaint is devoid of any allegation suggesting that his alleged constitutional injuries were the result of official policies or customs employed by Berrien County or the City of Niles. Therefore, I recommend that the Court dismiss Plaintiff’s claims against Berrien County and the City of Niles. See Bilder v. City of Akron, No. 92-4310, 1993 WL 394595, at *2 (6th Cir. Oct. 6, 1993) (affirming dismissal of Section 1983 action when the plaintiff’s allegation of custom or policy was conclusory, and plaintiff failed to state facts supporting the allegation). Case 1:26-cv-01103-JMB-SJB ECF No. 6, PageID.<pageID> Filed 04/13/26 Page 5 of 6
6 IV. Conclusion Having conducted the review required by the PLRA, I recommend that the Court dismiss Plaintiff’s complaint pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A(b) for failure to state a claim and for lack of jurisdiction. The Court must next decide whether an appeal of this action would be in good faith within the meaning of 28 U.S.C. § 1915(a)(3). See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997). For the same reasons that I recommend dismissal of this action, I discern no good faith basis for an appeal and recommend that, should Plaintiff appeal this decision, the Court assess the $605.00 appellate filing fee pursuant to 28 U.S.C. § 1915(b)(1). See McGore, 114 F.3d at 610–11. Date: April 13, 2026 /s/ Sally J. Berens SALLY J. BERENS U.S. Magistrate Judge NOTICE OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within 14 days of the date of service of this notice. 28 U.S.C. § 636(b)(1)(C). Failure to file objections within the specified time waives the right to appeal the District Court’s order. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Case 1:26-cv-01103-JMB-SJB ECF No. 6, PageID.<pageID> Filed 04/13/26 Page 6 of 6
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