United States District Court, E.D. Michigan, Southern Division
D. RODNEY ROGERS, Plaintiff,
MATTHEW RYAN, SERINA KELLEY, JEFFREY MORIN, RAY SAATI, and MICHAEL O. BROWN, Defendants.
V. Parker, Judge
ORDER GRANTING PLAINTIFF'S MOTION TO AMEND
STATEMENT OF CLAIMS AGAINST EACH DEFENDANT IN THEIR
INDIVIDUAL CAPACITY  AND REPORT AND RECOMMENDATION TO
GRANT IN PART AND DENY IN PART DEFENDANTS' MOTION FOR
SUMMARY JUDGMENT 
R. GRAND, UNITED STATES MAGISTRATE JUDGE
se plaintiff Rodney Rogers (“Rogers”) is a
State of Michigan prisoner, who is currently confined at the
G. Robert Cotton Correctional Facility in Jackson, Michigan.
He brings this civil rights action pursuant to 42 U.S.C.
§ 1983 against Defendants Matthew Ryan, Serina Kelley,
Jeffrey Morin, Ray Saati, and Michael Brown (collectively
“Defendants”), all of whom are or were members of
the Detroit Police Department (“DPD”), alleging,
inter alia, excessive force, unlawful detention, and
deliberate indifference to a serious medical need. On August
19, 2016, this case was referred to the undersigned for all
pretrial purposes. (Doc. #9).
August 31, 2018, Defendants filed a motion for summary
judgment. (Doc. #115). Rogers filed responses in opposition
to Defendants' motion on October 2 and 11, 2018. (Docs.
#123, #124). No. reply was filed.
the Court will not hold a hearing on a motion in a civil case
in which a party is in custody. See E.D. Mich. L.R.
7.1(f). Having reviewed the pleadings and other papers on
file, the Court finds that the facts and legal issues are
adequately presented in the parties' briefs and on the
record, and it declines to order a hearing at this time.
instant case centers around events which took place on July
19, 2013, at 8181 House, in Detroit. At the time, Rogers was
on parole and had been living with Yvette Taylor and several
children. (Doc. #115-6 at 23). On the evening in question,
Rogers left his home at night with a friend to go to a
“strip club.” (Id. at 51). When he
returned home, Taylor asked him “what did you do with
the money” they had saved to pay bills. (Id.
at 54). He told her, “I took the money and I went out
and had me a good time.” (Id. at 54). Taylor
became upset and asked Rogers to leave the home. He refused
to leave, at least immediately, and instead attempted to
“get [his] things.” (Id. at 56-57).
Rogers claims that Taylor prevented him from doing so, so he
called the police and told them that Taylor
“wouldn't let me get my things and I needed
assistance[.]” (Id. at 57). Officers Serina
Kelley and Michael Conley arrived at some point thereafter
and, with Rogers and Taylor both still inside, approached the
house. The front door was closed at that time.
than Rogers' sobriety on the night in question,
Defendants do not seem to dispute any of the foregoing. What
happened next, however, is heavily disputed. The Court will
begin with Rogers' version of the facts.
Rogers' Version of the Facts
testified that he heard walkie-talkies on the porch and told
Taylor that police had arrived, and that she needed to give
him his things or she would be going to jail. (Id.
at 59-60). He went to the front door, opened it, and told the
officers that he “was in the process of getting my
things, and  closed the door.” (Id. at 60).
According to Rogers, he then retreated into the home
“to try to convince [Taylor] to give me my
things.” (Id. at 61). Rogers testified that
Taylor then stabbed him with an 8-inch long steak knife in
the shoulder and forearm. (Id. at 62). He grabbed
her hands to try to keep her from further stabbing him, and
ultimately was able to get her to drop the knife.
(Id. at 62, 66, 68). Rogers claims that he was
“screaming for help” and that Taylor was
screaming “let me go, let me go.” (Id.
at 67). Rogers further claims that Officer Kelley had been
able to peer into the living room through a window and
observe the situation. (Id. at 66-67). Rogers claims
that he yelled to Kelley, “Officer, she just stabbed
me. She has a knife.” (Id. at 67).
testified that he then “exited out of the house as
quickly as possible out of the front door” and came
into contact with Officers Conley and Kelley either on the
front porch (as Rogers first testified) or around the area of
the driveway (as he later testified). (Id. at 68,
70-76). He told them he had been stabbed, which they
acknowledged, and they told him to wait in the driveway.
(Id. at 72-73). Rogers claims that Kelley then went
to talk to Taylor and other officers arrived on the scene.
(Id. at 76). According to Rogers, he stood there in
the driveway, surrounded by officers, “[s]creaming for
help” and “trying to explain  what was going
on.” (Id.). He told them he had been stabbed,
had lost a lot of blood, and was having trouble breathing.
claims that one of the officers said he was going to find out
what was going on, and another said “there were no
medics in the area” and that “[n]o medics were
coming[, ] period.” (Id. at 77). Rogers claims
that he asked the officers if he was under arrest, and that
they told him “no.” (Id. at 79). Rogers
testified that, “[a]t that point, [he] made an attempt
to go toward [his] neighbor's home” “and have
them call for medics.” (Id. at 77-78). Rogers
claims, “that's when  Sergeant Ryan grabbed me
from behind and threw me to the ground.” (Id.
testified that the officers on scene then began
“screaming and hollering” at him, telling him to
“lay face down on the ground” and to put his
hands behind his back. (Id. at 79, 94). Rogers
claims he then told the officers that he had been stabbed and
had rods in his right ankle that prevented him from laying
face down on the ground. (Id. at 81). Rogers claims
that Lieutenant Morin, Officer Conley, and Sergeant Ryan then
began punching and kicking him in his side, legs, and head.
(Id. at 82, 94). He claims the officers eventually
secured his hands behind his back through the use of
“pain compliance techniques” and handcuffed him.
(Id. at 92). Rogers claims that after he was
handcuffed, Sergeant Ryan mashed his face into the ground,
and that “[y]ou could see all the way down to my - all
the skin was gone off from my face.” (Id. at
was then placed under arrest and transported to Detroit
Receiving Hospital (“DRH”) by Defendants Morin
and Brown, where he received medical treatment for his
injuries. He claims that, during that period of time,
Sergeant Saati was dispatched to the crime scene to conduct
an investigation. Rogers alleges, however, that Sergeant
Saati “failed to collect exculpatory evidence of the
brutal assault against [Rogers] such as the butcher's
knife Taylor stabbed [him] with” and otherwise
failed to investigate the situation so as to prove that
Rogers “was a victim of a violent assault and NOT the
perpetrator” - information he claims was
“critical to [his] innocence[.]” (Doc. #137 at
¶¶ 13-15 (emphasis in original)).
20, 2013, Rogers was transported by two unidentified officers
from DRH to DPD's 11th Precinct, where he was booked on
charges of aggravated/felonious assault and resisting an
officer. Rogers appears to allege that, the same day, the
Wayne County Prosecutor's Office dismissed these charges
for lack of probable cause. Nevertheless, Rogers apparently
remained in DPD custody until July 22, 2013, when he was
turned over to the Michigan Department of Corrections on
charges that his conduct on the night in question violated
his parole. Rogers further alleges that Defendants Kelley,
Morin, and Ryan submitted false incident reports to his
parole officer, Edward Parker; failed to disclose to Mr.
Parker that he was “a victim of a violent
assault”; and then offered perjured testimony at his
November 2013 parole revocation hearing, resulting in the
revocation of his parole and his reincarceration.
Defendants' Version of the Facts
Officer Kelley and Sergeant Ryan prepared Arrest Reports
detailing the events in question, though they cover slightly
different aspects of the incident. In her Arrest Report,
Officer Kelley wrote:
[Officers] made location and observed the front door opened
as writers stepped onto the front porch and announced our
presence[.] [Taylor] appeared[.] [Officers] asked if she
called the police. As [Taylor] began to talk [Rogers]
appeared pushing [Taylor] out of the view of [officers] at
which time he shut and locked the front door deadbolts.
[Kelley] then heard [Rogers] yelling in the house that they
were coming to kill him and that he had been smoking crack
cocaine. [Taylor] was able to open the front door and began
to tell [officers] that [Rogers] had arrived at the location
acting strange and telling her that demons were after him[.]
As she continued to speak with [officers, ] [Rogers] then
appeared again grabbing [Taylor] by the shoulders and
proceeded to slam the front door again. [Officers] could hear
the loud disturbance from outside and immediately called for
additional units and the Patrol Supervisor. [Kelley] began to
push on the front door but was unable to gain entry[.]
[Kelley] then heard [Taylor] yelling and screaming[.]
Observing the front French glass doors  suddenly break
[officers] could see through the window [Rogers] holding
[Taylor] in what appeared to be a bear hug. [Kelley] made
several attempts to get inside but was unable[.] [Kelley]
could hear [Taylor] yelling at [Rogers] to release her.
[Rogers] was then heard yelling that he was stabbed appearing
at the front door with the security door still locked and
blood observed on his shirt. [Rogers] still had [Taylor] in
his grasp dragging her towards the side door [where] [sic]
both individuals fell from inside the home onto the ground in
the driveway. [Taylor] was able to free herself and run back
into the home securing herself. [Rogers] began to run toward
the rear of the location in the backyard at which time he
jumped the fence into the yard of 8175 House. [Officer
Conley] gave chase and proceeded behind [Rogers] along with
the additional [officers] that made location. [Kelley] ran
back to 8181 House to check on [Taylor] . . . As [Kelley]
stood with [Taylor] [Kelley] observed [Rogers] standing in
the driveway of 8127 House surrounded by [Conley and the
other officers]. [Rogers] was bleeding from his left forearm
appearing to be disorientated and confused yelling at [the
officers] not to shoot him. [An officer] made several
attempts to calm [Rogers] down assuring him that he
wasn't going to be harmed. [Kelley] then observed
[Rogers] run west on House as Officers followed behind giving
loud verbal commands to stop. Medics were requested several
times but no units were available . . . [Rogers] was later
detained and conveyed to [Detroit Receiving Hospital] . . .
[Taylor] refused treatment[.]
#115-3 at 1).
Arrest Report, Sergeant Ryan describes the events that
transpired as follows:
On Friday, July 19, 2013 at approximately 3:50 a.m., I,
Sergeant Matthew Ryan … responded to 8181 House.
[Officers Serina Kelley and Michael Conley] had responded to
a domestic assault person armed with a gun and was requesting
cars for back up. I arrived at scene and observed a black
male (Rodney Rogers) standing in the driveway of 8127 House
surrounded by several officers. Mr. Rogers had a severe cut
on his left forearm that was bleeding profusely and appeared
to be disorientated. Officer Conley informed me of the
situation and I attempted to calm Mr. Rogers down by asking
him to calm down and assuring him that no one was going to
hurt him. Mr. Rogers explained that he had been smoking crack
and had gotten too high. After several more minutes of trying
to calm Mr. Rogers down, he ran west bound on House. I
followed and gave Mr. Rogers several orders to stop[.] Mr.
Rogers continued to run yelling they are going to kill me.
Mr. Rogers then ran south in the driveway of 8140 House. As
Mr. Rogers reached the rear of the yard he slowed, while he
was trying to get through an opening in the broken fence. I
gave Mr. Rogers a loud verbal command to stop, but he
continued to break through the fence. I grabbed the back of
Mr. Rogers tank top as he went into the alley. Mr. Rogers
then turned with a balled fist swinging and trying to strike
me in the face, I moved back and was struck in the left
shoulder. I then pushed Mr. Rogers in the right shoulder
causing him to fall to the ground. I grabbed his right wrist
and attempted to pull it behind his back but was unable to. I
then placed one knee in the center of Mr. Rogers back and
continued to pull on his arm trying to place it behind his
back. Officer Morin was also pulling on his arm and was able
to place a cuff on his right wrist and pull it behind his
back. I gave Mr. Rogers several verbal commands to place his
other hand behind his back but he did not comply[.] Mr.
Rogers continued to struggle by trying to stand and pulling
his left arm up under his bodO. Officer Conley was able to
pull Mr. Rogers left arm out from under him and he was placed
in cuffs. Mr. Rogers had sustained a severe stab wound to his
left arm prior to the use of force incident and was bleeding
badly[.] Due to Mr. Rogers wound and his mental state I
ordered [him] convey[ed] directly to [Detroit Receiving
(Doc. #115-1 at 1).
civil action, Rogers appears to plead several claims against
Defendants, including excessive force, unlawful detention,
false arrest, deliberate indifference to a serious medical
need, failure to investigate, filing of false police reports,
providing false testimony at an administrative hearing,
assault and battery, conspiracy, gross negligence, and
intentional infliction of emotional distress. (Docs. #1, #28,
#137). Defendants now move for summary judgment.
Standard of Review
to Federal Rule of Civil Procedure 56, the Court will grant
summary judgment if “the movant shows that there is no
genuine dispute as to any material fact and the movant is
entitled to judgment as a matter of law.” Fed.R.Civ.P.
56(a). A fact is material if it might affect the outcome of
the case under governing law. See Anderson v. Liberty
Lobby, Inc., 477 U.S. 242, 248 (1986). In determining
whether a genuine issue of material fact exists, the Court
assumes the truth of the non-moving party's evidence and
construes all reasonable inferences from that evidence in the
light most favorable to the non-moving party. See
Ciminillo v. Streicher, 434 F.3d 461, 464 (6th Cir.
party seeking summary judgment bears the initial burden of
informing the Court of the basis for its motion, and must
identify particular portions of the record that demonstrate
the absence of a genuine dispute as to any material fact.
See Celotex Corp. v. Catrett, 477 U.S. 317, 325
(1986); Alexander v. CareSource, 576 F.3d 551, 558
(6th Cir. 2009). “Once the moving party satisfies its
burden, ‘the burden shifts to the nonmoving party to
set forth specific facts showing a triable issue.'”
Wrench LLC v. Taco Bell Corp.,256 F.3d 446, 453
(6th Cir. 2001) (quoting Matsushita Elec. Indus. Co. v.
Zenith Radio Corp.,475 U.S. 574, 587 (1986)). In
response to a summary judgment motion, the opposing party may
not rest on its pleadings, nor “rely on the hope that
the trier of fact ...