United States District Court, E.D. Michigan, Southern Division
MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION
TO DISMISS (DOC. 8)
COHN, UNITED STATES DISTRICT JUDGE
a civil rights case under 42 U.S.C. § 1983. Plaintiff
Emmy-Jo Koglin (Koglin) is suing defendants Macomb County
Sheriff Anthony Wickersham (Wickersham) in his official
capacity. Her claims arises out of her arrest on a
charge of identify theft initiated by Koglin's now
ex-husband, Robert Crothers (Crothers) which was later
dismissed. The following counts of the complaint are at
Count I - § 1983 claim against Wickersham
Count II - § 1983 claim against Wickersham
Count VI - § 1983 claim against Wickersham for
the Court is Wickersham's motion to dismiss on the
grounds the complaint fails to allege a plausible claim
against him in his official capacity. For the reasons that
follow, the motion will be granted.
facts as alleged in the complaint follow.
and Crothers were once married. In 2014, during their
marriage, Koglin reported to the St. Clair County police that
Crothers was distributing child pornography. Crothers was
later charged in state court with child pornography and plead
guilty. As a result of reporting Crothers, Koglin says
Crothers began harassing her. She eventually obtained two
personal protection orders against him and filed for divorce.
April 18, 2014, while divorce proceedings were pending,
Crothers filed a police report with the Macomb County
Sheriff's Department claiming Koglin engaged in fraud and
identity theft. A criminal complaint was issued against
Koglin based on Crothers's report and after Macomb County
investigated Crothers' allegations. The Macomb County
prosecutor later obtained a warrant for Koglin's arrest.
and Crothers' divorce was final on May 14, 2014.
1, 2014, Koglin was arrested on the warrant and placed in
custody. Koglin was arraigned the next day and released on
August 22, 2014, a preliminary examination was held at which
the prosecution moved to dismiss the case based on evidence
obtained after the warrant was issued which ...