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Case Name Broder v. Correctional Medical Services, Inc. PC-MI-0029
Docket / Court 2:03-cv-75106 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Prison Conditions
Attorney Organization Michigan Clinical Law Program
Case Summary
On December 24, 2003, a prisoner in the custody of the Michigan Department of Correction (MDOC) filed a lawsuit under Michigan Law and 42 U.S.C. § 1983 against Correctional Medical Services, Inc. (CMS), and several individuals employed by MDOC and CMS, in the United States District Court for the ... read more >
On December 24, 2003, a prisoner in the custody of the Michigan Department of Correction (MDOC) filed a lawsuit under Michigan Law and 42 U.S.C. § 1983 against Correctional Medical Services, Inc. (CMS), and several individuals employed by MDOC and CMS, in the United States District Court for the Eastern District of Michigan. The Plaintiff, represented by counsel from the University of Michigan Law School Clinical Law Program, asked the court for: declaratory, compensatory, and exemplary relief; punitive damages; attorneys' fees and costs; and, other relief as appropriate. The Plaintiff claimed that defendants failed to timely diagnose and treat his laryngeal cancer.

Defendant CMS filed a motion to dismiss on February 24, 2004. Plaintiff filed a brief in opposition on March 17, 2004. On August 9, 2004, Magistrate Judge Paul J. Komives recommended that Defendant's motion to dismiss be denied insofar as it seeks dismissal of Plaintiff's state law claims or Plaintiff's claims that were supported by Plaintiff's second grievance. Otherwise, the Court recommended that Defendant's motion to dismiss be granted.

On September 22, 2004, the Court (Judge Gerald E. Rosen) adopted, in part and with modification, Magistrate Judge Komive's Report and Recommendation. The Court dismissed Plaintiff's claim against CMS in its entirety and with prejudice.

On August 29, 2007, Magistrate Judge Komives issued a Report and Recommendation recommending that the Court grant in part and deny in part defendants Mathai and Hutchinson's motion to dismiss and/or for summary judgment. Further, Magistrate Judge Komives issued an additional Report and Recommendation on September 5, 2007. The Report recommended that the Court should grant in part and deny in part defendants Caruso, Epp, and Pramstaller's motion for summary judgment.

On March 14, 2008, the Court (Judge Marianne O. Battani) granted defendants Mathai and Hutchinson's motion to dismiss as to Plaintiff's gross negligence claim but denied the motion as to Plaintiff's other claims.

Also on March 14, 2008, the Court granted Plaintiff's motion to revisit the dismissal of defendant CMS in light of new case law.

Although Defendants appealed the Court's prior orders, the Sixth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction on July 29, 2008. Defendants failed to file a notice of appeal within the time limits set forth in the Federal Rules of Appellate Procedure.

While still in the custody of MDOC, Plaintiff suffered a recurrence of his previous symptoms. Mr. Broder passed away on December 13, 2008, from recurrent supraglottis carcinoma. However, the lawsuit proceeded with Mr. Broder's interests being represented by a personal representative. A Second Amended Complaint was filed on March 24, 2009, to reflect Plaintiff's death.

The Court entered a stipulation to dismiss with prejudice Plaintiff's claims against defendants Epp and Pramstaller on October 27, 2009. On December 4, 2009, the Court entered a stipulation to dismiss with prejudice Plaintiff's claims against defendants CMS, Mathai, and Hutchinson. It is unclear whether Plaintiff received any form of relief from Defendants.

Haley Waller - 10/28/2010


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Issues and Causes of Action
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Issues
General
Personal injury
Medical/Mental Health
Medical care, general
Medication, administration of
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) Aubertro Antonini
Bency Mathai
Correctional Medical Services, Inc.
Craig Hutchinson
George Pramstaller
Henry Grayson
Jan Epp
Patricia L. Caruso
Plaintiff Description Plaintiff was a prisoner in the custody of the Michigan Department of Corrections who died as a result of throat cancer and related complications.
Indexed Lawyer Organizations Michigan Clinical Law Program
Class action status sought No
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2009
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
2:03-cv-75106 (E.D. Mich.) 12/04/2009
PC-MI-0029-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
COMPLAINT AND JURY DEMAND 12/17/2003
PC-MI-0029-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT CORRECTIONAL MEDICAL SERVICES, INC. 'S MOTION TO DISMISS 02/24/2004
PC-MI-0029-0022.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT CMS'S MOTION TO DISMISS 03/17/2004
PC-MI-0029-0025.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
REPORT AND RECOMMENDATION REGARDING DEFENDANT CMS'S MOTION TO DISMISS (Doc. Ent. 8) and PLAINTIFF'S MOTION TO COMPEL (Doc. Ent. 20) 08/09/2004
PC-MI-0029-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER ADOPTING, IN PART AND WITH MODIFICATION, MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION OF AUGUST 9, 2004, AND DISMISSING PLAINTIFF'S COMPLAINT AS TO DEFENDANT CMS, IN ITS ENTIRETY, WITH PREJUDICE 09/22/2004 (E.D. Mich.)
PC-MI-0029-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANTS' EXPERT REPORT: SILAS NORMAN, JR., M.D. 06/06/2006
PC-MI-0029-0021.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT BY DEFENDANTS, BENCY MATHAI, M.D. AND CRAIG HUTCHINSON, M.D. 11/30/2006
PC-MI-0029-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANTS' MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT 12/20/2006
PC-MI-0029-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFF’S BRIEF IN RESPONSE TO CMS DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT 12/20/2006
PC-MI-0029-0023.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFF’S BRIEF IN RESPONSE TO CMS DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT 12/21/2006
PC-MI-0029-0019.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFF’S BRIEF IN RESPONSE TO MDOC DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT 01/19/2007
PC-MI-0029-0018.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
REPORT AND RECOMMENDATION REGARDING MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT (Doc. Ent. 79) 08/29/2007
PC-MI-0029-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (docket #87) 09/05/2007
PC-MI-0029-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFF’S MOTION AND BRIEF TO REVISIT THE DISMISSAL OF THE CORPORATE DEFENDANT CMS IN LIGHT OF NEW CASE LAW 09/21/2007
PC-MI-0029-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION 03/14/2008 (2008 WL 704296) (E.D. Mich.)
PC-MI-0029-0007.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
OPINION AND ORDER GRANTING PLAINTIFF’S MOTION TO REVISIT THE DISMISSAL OF THE CORPORATE DEFENDANT CMS IN LIGHT OF NEW CASE LAW 03/14/2008 (E.D. Mich.)
PC-MI-0029-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFF’S OBJECTIONS TO DEFENDANTS’ RESPONSE TO ORDER TO SHOW CAUSE 06/10/2008
PC-MI-0029-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 07/29/2008
PC-MI-0029-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
SECOND AMENDED COMPLAINT AND JURY DEMAND 03/24/2009
PC-MI-0029-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EXPERT REPORT: TIMOTHY P. BARTH, MD, CCHP 05/14/2009
PC-MI-0029-0020.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFF’S MOTION TO STRIKE DEFENSE EXPERT’S REPORT 05/20/2009
PC-MI-0029-0024.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANTS MOTION TO DISMISS PLAINTIFF’S CLAIM FOR PUNITIVE DAMAGES AND ATTORNEY FEES 09/04/2009
PC-MI-0029-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFF’S RESPONSE TO CMS DEFENDANTS’ MOTION TO DISMISS CLAIMS FOR EXEMPLARY AND PUNITIVE DAMAGES AND ATTORNEYS’ FEES 09/09/2009
PC-MI-0029-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
STIPULATION TO DISMISS WITH PREJUDICE, PLAINTIFF'S CLAIMS AGAINST DEFENDANTS DR. PRAMSTALLER AND EPP 10/27/2009 (E.D. Mich.)
PC-MI-0029-0027.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER OF DISMISSAL, WITH PREJUDICE, AS TO CORRECTIONAL MEDICAL SERVICES, INC., MATHAI, MD, AND HUTCHINSON, MD 12/04/2009 (E.D. Mich.)
PC-MI-0029-0026.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Battani, Marianne O. (E.D. Mich.)
PC-MI-0029-0007 | PC-MI-0029-0010 | PC-MI-0029-0026 | PC-MI-0029-0027 | PC-MI-0029-9000
Clay, Eric L. (Sixth Circuit)
PC-MI-0029-0011 | PC-MI-0029-9000
Cole, Ransey Guy Jr. (Sixth Circuit)
PC-MI-0029-0011 | PC-MI-0029-9000
Komives, Paul J. (E.D. Mich., W.D. Mich.) [Magistrate]
PC-MI-0029-0014 | PC-MI-0029-0015 | PC-MI-0029-0016 | PC-MI-0029-9000
Rosen, Gerald Ellis (E.D. Mich.)
PC-MI-0029-0009 | PC-MI-0029-9000
Russell, Thomas B. (FISC, W.D. Ky.)
PC-MI-0029-0011 | PC-MI-0029-9000
Monitors/Masters None on record
Plaintiff's Lawyers Reingold, Paul (Michigan)
PC-MI-0029-0001 | PC-MI-0029-0004 | PC-MI-0029-0006 | PC-MI-0029-0013 | PC-MI-0029-0017 | PC-MI-0029-0018 | PC-MI-0029-0019 | PC-MI-0029-0023 | PC-MI-0029-0024 | PC-MI-0029-0025 | PC-MI-0029-9000
Defendant's Lawyers Chapman, Ronald W. (Michigan)
PC-MI-0029-0022
Juip, Randall A. (Michigan)
PC-MI-0029-0003 | PC-MI-0029-9000
Koester, Kimberly A. (Michigan)
PC-MI-0029-0022
Richtarcik, Brian J. (Michigan)
PC-MI-0029-0002 | PC-MI-0029-9000
Thom, Kevin M. (Michigan)
PC-MI-0029-0005 | PC-MI-0029-9000
Other Lawyers None on record

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