United States District Court, E.D. Michigan, Southern Division
Stephanie Dawkins Davis, United States Magistrate Judge.
OPINION AND ORDER GRANTING DEFENDANT GENESEE
COUNTY'S MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT
GERSHWIN A. DRAIN United States District Judge.
42 U.S.C. § 1983, Plaintiff Adam Gerics initiated this
action on August 17, 2015. Dkt. No. 1. He has sued the City
of Flint, two Flint, Michigan police officers, and Genesee
County (“the County”). See Dkt. No. 36.
requested on March 19, 2018 that the Clerk of the Court enter
a default against Genesee County. Dkt. No. 48. And on March
20, 2018, the Clerk of the Court entered a default as to the
County. Dkt. No. 49.
on May 4, 2018, the County moved to set aside the entry of
default. Dkt. No. 54. Plaintiff responded on May 11, 2018.
Dkt. No. 56. As of this writing, the County has not replied
in support of the motion and the time to do so has expired.
before the Court is Defendant Genesee County's Motion to
Set Aside the Clerk's Entry of Default . The motion
is sufficiently briefed. The Court will decide the motion
without a hearing pursuant to Eastern District of Michigan
Local Rule 7.1(f)(2). For the reasons that follow, the Court
will GRANT Defendant Genesee County's Motion to Set Aside
the Clerk's Entry of Default .
September 27, 2013, Plaintiff was arrested following a
physical altercation with Defendant Officer Alex Trevino of
the Flint Police Department. See Dkt. No. 1. Gerics
was imprisoned for three days following the incident and,
upon release, filed a civil action in state court. In this
state court action, Gerics initially named as defendants the
following individuals or entities: Officer Trevino, the City
of Flint, and the Flint Police Department. The state court
dismissed the complaint on June 29, 2015 by granting
Plaintiff's stipulated order of dismissal.
initiated this case two months later, on August 17, 2015, and
he originally included only the two police officers as
Defendants. See Dkt. No. 1. Yet less than a month
later, Genesee County prosecutors brought a three count
criminal complaint against Gerics for activities he had
allegedly engaged in while incarcerated. See Dkt.
No. 41-5. The Court stayed this suit pending the resolution
of the criminal matter. Dkt. No. 14. The criminal case
concluded on June 22, 2017, when the state court granted
Plaintiff's motion to quash and dismissed the case. On
November 3, 2017, the Court lifted the stay on this
litigation. See Dkt. No. 34.
amended his Complaint on November 9, 2017. Dkt. No. 36.
There, as to Genesee County, Gerics asserts claims of
malicious prosecution (Count VI), retaliatory prosecution
(Count VII), and abuse of process (Count VIII). See
Id. Additionally, Gerics alleges violations of: the
First Amendment by a retaliatory arrest (Count I); the Fourth
Amendment by an unlawful arrest (Count II); the Fourth and
Fourteenth Amendments by excessive force and unlawful seizure
(Counts III and IV); the First and Fourth Amendments by
failure to intervene (Count V); and the civil rights statute,
42 U.S.C. § 1983, under Monell (Count
Service on the County
November 22, 2017, a copy of the Complaint and summons was
delivered to Celeste Bell, the then-acting Chief Assistant
Prosecuting Attorney for the Civil Division of Genesee
County. See Dkt. No. 56-1. After receiving the
package, she returned it to Plaintiff's counsel
explaining that she was not authorized to accept service for
the County and that service was therefore ...