United States District Court, W.D. Michigan, Southern Division
J. QUIST UNITED STATES DISTRICT JUDGE
Greg Hardy, has sued Defendants alleging violations of his
First, Eighth, and Fourteenth Amendment rights arising out of
his termination from employment at the Justice In Mental
Health Organization. All Defendants have moved to dismiss.
The motions have been fully briefed and are ready for
Clinton-Eaton-Ingham Community Mental Health (CMH) is a
Community Mental Health Services Provider organized under the
Michigan Mental Health Code.
Justice In Mental Health Organization (JEVIHO) is a private
non-profit corporation with a contractual relationship with
CMH. JEVIHO runs "a consumer run drop-in service on an
independent contractor basis." (ECFNo. 11-5
atPageID.95.) JEVIHO receives state and federal funding
through CMH, and has agreed to follow various guidelines of
operation. (Id.at PageID.96.) Defendants Brian
Wellwood, Emily Jarvis, Terry Cuyler, Vicki Sandbrook and
Patrick McPherson were employees of JIMHO.
hired Plaintiff Gregory Hardy in July 2014. (ECF No. 1 at
PageID.5.) Plaintiff was hired to work as a front desk clerk
at JIMHO's drop-in center in Lansing, Michigan.
(Id.) On February 26, 2015, a JIMHO
member Rodquies Johnson assaulted Plaintiff while
Plaintiff was at work. (Id.) Plaintiff contacted the
Lansing Police Department to initiate a complaint against
Johnson. (Id. at PageID.6.)
Terry Cuyler witnessed the assault, and allegedly told
Plaintiff that Cuyler had called 911. Plaintiff alleges that
Cuyler did not in fact call the police at the time of the
assault, and only spoke with the police after Plaintiff
contacted the police himself. Cuyler also allegedly tried to
convince the prosecuting attorney not to file charges against
Emily Jarvis was Plaintiffs supervisor at JIMHO. Plaintiff
claims that Jervis and Cuyler issued Plaintiff a written
warning on February 27, 2015, the day after the assault,
after Plaintiff complained about his injuries and threatened
to sue JIMHO. (Id. at PageID.8.) The warning notes
that Plaintiff was in a physical altercation with a JEVIHO
member, and would be fired if he was in another physical or
verbal altercation. (ECF No. 1-1 at PageID.21.)
later met with Defendants Wellwood, Cuyler, and Jarvis and
confronted Cuyler about Cuyler's "delusional
statements and false write-ups both created which is
(bogus)." (ECF No. 1 at PageID.8.) Plaintiff met again
with Wellwood, Jarvis, and Cuyler on March 6, 2015, to
complain that Cuyler was behaving inappropriately because
Cuyler lacked interest in "properly resolv[ing] the
assault incident, as Defendant Cuyler stood watching, giving
false statements to state's prosecutor, or false
information to police officer(s) as to his involvement, when
question would later delude statements." (Id.
at PageID.9.) Johnson was allowed to return to the JIMHO
drop-in center after 45 days. (Id)
continued to complain to Jarvis that Jarvis failed to enforce
adequately JIMHO policy regarding members who became
threatening or verbally abusive. (Id. at PageJJD.
10.) Jarvis was rude to Plaintiff as a response, and
"began to act if though she had a bad attitude daily in
how she chose to express herself to plaintiff as to degrade
him, making plaintiff feel singledout, believing that there
was a problem with her about him being black."
(Id.) Plaintiff also alleges that Jarvis did not
allow Plaintiff to secure his coat while working and stopped
Plaintiff from using rubbing alcohol to clean his work area,
which was infested with bed bugs. (Id)
2015, Plaintiff told Defendant Vicki Sandbrook that JEVIHO
members Kevin Starnes and Cirus Milton had performed oral sex
on each other. (Id. at PagelD.ll.) Defendant
Sandbrook allegedly told Starnes and Milton what Plaintiff
told her, causing Milton to harass Plaintiff. (Id.)
Sandbrook also researched Plaintiffs background and reminded
Plaintiff that Plaintiff was a registered sex offender and
falsely accused Plaintiff of threatening to rape her.
(Id. at PageID.12.) Sandbrook and Jarvis then began
harassing Plaintiff, and Wellwood allegedly allowed this
harassment because Sandbrook, Jarvis, and Wellwood are all
August of 2015, Plaintiff overheard Milton and Defendant
Patrick McPherson discussing Plaintiff s sex offender status.
(Id. at PagelD. 14.) McPherson later told Jarvis
that "we need to get rid of this nigger."
(Id.) Plaintiff was given another written warning
and suspended for three days without pay after Defendant
McPherson told an unspecified lie to other defendants.
the same time that he was suspended, Plaintiff contacted CMH
and "sought to seek his administrative remedies
concerning each of the issues." (Id.) Plaintiff
spoke with Defendant Greg Fox, who "refused to assist
plaintiff in anyway [sic]" and "so rudely explained
that there infact [sic] was no such grievance forms designed
for (JEVIHO), or for its employees." (Id.)
"Defendant Fox later contacted Defendant Wellwood to
inform him that it was in their best interest to get rid of
the plaintiff." (Id)
Defendant Cuyler filed another complaint, Plaintiff was
terminated from JFMHO some time after ...