United States District Court, E.D. Michigan, Northern Division
ORDER DENYING MOTION TO FILE THIRD PARTY COMPLAINT
AND EXTENDING SCHEDULING ORDER
HONORABLE THOMAS L. LUDINGTON UNITED STATES DISTRICT JUDGE.
December 31, 2015 Plaintiff Sharyl Marden initiated this
action by filing her complaint against Defendants Midland
County, Jeffrey Derocher, Brian Keidel, Richard Speich,
Joshua Michael Saylor, Richard Harnois, and Bryan
Kryzanowicz. See Compl., ECF No. 1. Based on
allegations that her decedent Jack Brian Marden died in the
custody of Defendant Midland on February 13, 2015 as a result
of the actions of Defendants, Plaintiff asserts violations of
Decedent's rights under the Fourth, Eight, and Fourteenth
Amendments pursuant to 42 U.S.C. § 1983. Id.
She also asserts a claim of state law assault and battery
against Defendants Derocher, Keidel, Speich, Saylor, and
Kryzanowicz (together the “Officer Defendants”).
29, 2016 Defendants filed a motion for permission to file a
third party complaint against People to People Network, Inc.
(“PTPN”) and Richard Bratton, D.O., for
indemnification. ECF No. 19. Defendants allege that PTPN and
Dr. Bratton had an agreement with Midland County to provide
medical and nursing care services to jail inmates, including
Decedent Marden. Id. Defendants further allege that
the Proposed Defendants' failure to provide those
services may have caused the damages alleged by Plaintiff in
her complaint. Id. Plaintiff filed a response
objecting to the filing of a third-party complaint, but
asserting that the Proposed Defendants' conduct may have
cause Jack Marden's erratic behavior. See ECF
No. 21 ¶ 3 (“defendants and/or the third-party
defendants failed to provide plaintiff's decedent with
medications that he was taking on a regular sustained basis.
Sudden withdrawal from Valium may, in fact, have contributed
to the episode of nonviolent delusional behavior which led
the Midland County Sheriff deputies to enter his cell and
brutally assault him.”). ECF No. 21.
motion hearing was held on September 26, 2016. At the hearing
the Court ruled that Defendant's motion to file a
third-party complaint and all related third-party issues
would be held in abeyance pending the depositions of Dr.
Bratton and PTPN employees and representatives. Those
depositions have now taken place, the Court has received
supplemental briefs, and a telephonic status conference took
place on November 1, 2016. Based on the parties' briefs,
the hearing, and the supplemental information,
Defendant's motion will be denied.
Sharyl Marden is a resident of Midland County, Michigan.
Compl. ¶ 4. She is the duly appointed personal
representative of the estate of her husband, Decedent Jack
Brian Marden. Id. Decedent Marden, born on January
29, 1959, had no history of violence but had been diagnosed
with depression. Compl. ¶¶ 21, 23. He was
5'11” and weighed 205 pounds. Comp. ¶ 36.
County of Midland is a governmental entity organized and
existing under the laws of the State of Michigan. Compl.
¶ 5. Midland County is responsible for operating the
Midland County Sheriff's Department and the Midland
County Jail. Id. At all relevant times Defendant
Harnois was employed by Midland County as Captain for the
Midland County Sheriff's Department and Jail
Administrator for the Midland County Jail. Compl.
¶¶ 10, 16. Defendant Derocher was employed as a
lieutenant, and all other Officer Defendants were employed as
deputies. Compl. ¶¶ 6-9, 11-15. Plaintiff alleges
that the individual Defendants were acting in their
individual capacities within the course and scope of their
employment at the time of the relevant events. Compl.
chain of events leading to Decedent Marden's death began
on January 19, 2015. After Decedent Marden allegedly took an
overdose of the drug Valium, a domestic dispute arose between
Plaintiff and Decedent. Compl. ¶¶ 21-22. Midland
County police officers were summoned to the scene, after
which Decedent walked around his home with a knife and asked
the responding officers to shoot him. Compl. ¶ 21. A
police officer deployed a Tazer to subdue Decedent, and he
was transported by ambulance to MidMichigan Medical Center
for a psychiatric evaluation without incident. Id.
In the call for the ambulance, it was represented that
Decedent had an injury to his arm in the form of a laceration
and was the subject of “overdose/poisoning.”
Compl. ¶ 24.
being observed at MidMichigan Medical Center overnight,
Decedent was discharged. Compl. ¶ 25. The discharging
physician noted that Marden was suffering from major
depression, but that he denied feeling helpless or suicidal.
Compl. ¶ 26. At the time, decedent was agreeable to
continuing care and counseling, and agreed to referral to
out-patient services for therapy for himself and Plaintiff,
his wife. Compl. ¶ 26. The discharging physician opined
that Decedent did not present an imminent danger to himself
or others. Compl. ¶ 27.
Marden returned home following his discharge, where he
remained until February 4, 2015. Compl. ¶ 28. On that
date, the Midland City Police Department executed a felony
arrest warrant charging Decedent with assault and aggravated
assault issued as a result of the domestic incident that took
place on January 19, 2015. Compl. ¶¶ 28-29.
Decedent was taken to the Midland County jail. Compl. ¶
29. Upon his arrival, employees of Midland County obtained
Decedent's medical history, which included information
regarding cardiac stents that had been implanted as a result
of Decedent's coronary artery disease and that Decedent
had suffered a cerebral aneurysm four years earlier. Compl.
February 5, 2015 Decedent Marden underwent a psychiatric
evaluation based on which it was determined that Decedent as
suffering from depression with anxiety and major depressive
disorder. Comp. ¶ 31.
was held in the intake area of the jail as a pretrial
detainee until February 11, 2015. Comp. ¶ 32. On that
date, at around 11:19 AM he was removed from his cell for an
interview with Gina Latty and Marissa Boulton, representative
of Community Mental Health. Comp. ¶ 33. Four minutes
later, Ms. Boulton left the room to advise Deputy Derocher
that Decedent was becoming agitated and requested that he be
returned to his cell. Comp. ¶ 34. While Deputies
Derocher and Saylor attempted to return Decedent to his cell,
Decedent represented that people were trying to hurt him and
the French government was confiscating his money. Comp.
¶ 35. When Deputies Derocher, Saylor and Speich
attempted to place Decedent in his cell, Decedent allegedly
displayed “superhuman strength.” Comp. ¶ 36.
He stole a radio from from Deputy Derocher's belt and
began yelling “help, help, help” and
“emergency, emergency, emergency” into the radio