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Kogin v. Wickersham

United States District Court, E.D. Michigan, Southern Division

April 2, 2019

EMMY-JO KOGLIN, Plaintiff,
v.
ANTHONY WICKERSHAM, and ROBERT CROTHERS, Defendant.

          MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS (DOC. 8)

          AVERN COHN, UNITED STATES DISTRICT JUDGE

         I. Introduction

         This is 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.[1] Her claims arises out of her arrest on a charge of identify theft initiated by Koglin's now ex-husband, Robert Crothers (Crothers)[2] which was later dismissed. The following counts of the complaint are at issue:

Count I - § 1983 claim against Wickersham (14th Amendment)
Count II - § 1983 claim against Wickersham (4th Amendment)
Count VI - § 1983 claim against Wickersham for privacy-false light

         Before 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.

         II. Background

         The facts as alleged in the complaint follow.

         Koglin 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.

         On 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.

         Koglin and Crothers' divorce was final on May 14, 2014.

         On June 1, 2014, Koglin was arrested on the warrant and placed in custody. Koglin was arraigned the next day and released on bond.

         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 ...


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