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
compress summary
