Federal Claims Arising Out of Wellness Check Abandoned After Defense Briefing Prompts Reassessment

Matt Cross and Greg Grant, partners in our Traverse City office, recently obtained a ruling from the U.S. District Court for the Western District of Michigan dismissing all federal claims in a civil rights lawsuit stemming from a tragic death, following a decisive motion for summary judgment.

The case centered on allegations that law enforcement failed to adequately respond during a wellness check, which preceded the discovery of the decedent in a state of medical crisis. According to the complaint, the decedent’s daughter became concerned after being unable to reach him by phone. She contacted the local sheriff’s office, which dispatched a deputy to conduct a wellness check. The deputy performed a search of the property and reported that everything appeared fine, noting the presence of the decedent’s vehicle near the garage. Shortly after the deputy left, a family member discovered the decedent hanging from a tractor near the garage. He passed away several days later.

Plaintiff initially brought federal claims under 42 U.S.C. § 1983, including equal protection and due process violations, as well as a Monell claim against the municipal entity. However, in response to the defendants’ motion, plaintiff explicitly stated she did not contest the legal arguments and stipulated to dismissal of those claims. The court treated this as a deliberate abandonment and granted the motion to dismiss with prejudice as to the federal claims. With those claims resolved, the court declined to exercise supplemental jurisdiction over the remaining state law claims, which were dismissed without prejudice.

This case highlights how strategic and thorough briefing can significantly narrow the scope of litigation. Defense counsel’s arguments were so compelling that plaintiff abandoned nearly all of their claims before the court had to rule on their merits.

Matthew Cross is a partner in the Firm’s Traverse City office where he focuses his practice on municipal law, zoning and land use, law enforcement defense and litigation, insurance defense, and general litigation. He has experience handling employment law, personal injury defense, marijuana licensing litigation, civil rights litigation, constitutional litigation, and other municipal issues. He may be reached in our Traverse City office at (231) 922-1888 or mcross@cmda-law.com.

Gregory Grant is a partner in our Traverse City office where he focuses his practice on municipal law, employment and labor law, insurance defense, and litigation. He has extensive litigation experience in the areas of employment and labor law, police liability, first amendment law, due process, Open Meetings Act (OMA) and Freedom of Information Act (FOIA) and has earned dismissals in each of these areas. He may be reached in our Traverse City office at (231) 922-1888 or ggrant@cmda-law.com.