KELLY JANE RHODES v. STATE OF MICHIGAN, ET AL.; PAUL MCPHERSON; RICHARD JONES - Articles

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KELLY JANE RHODES v. STATE OF MICHIGAN, ET AL.; PAUL MCPHERSON; RICHARD JONES

Posted by: Karen Belcher on Aug 24, 2021

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Amy J. DeRouin, CHRISTOPHER TRAINOR & ASSOCIATES, White Lake, Michigan, for Appellant.

Attorneys 2: ARGUED: James T. Farrell, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

Attorneys 3: ON BRIEF: Amy J. DeRouin, CHRISTOPHER TRAINOR & ASSOCIATES, White Lake, Michigan, for Appellant.

Attorneys 4: ON BRIEF: James T. Farrell, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

Judge(s): DAUGHTREY, MOORE, and THAPAR, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

KAREN NELSON MOORE, Circuit Judge. While incarcerated and working as a laundry porter at Women’s Huron Valley Correctional Facility (“WHVCF”), Kelly Rhodes suffered a severe skull fracture and other injuries when an industrial laundry cart—weighing as much as 400 pounds—fell from the truck from which it was being unloaded and struck her. Rhodes brought suit under 42 U.S.C. § 1983, seeking damages against the State of Michigan, the Michigan Department of Corrections (“MDOC”), and various individuals for their roles in the incident, alleging, inter alia, violations of the Eighth Amendment and substantive due process. After Rhodes voluntarily dismissed the other defendants, the district court granted summary judgment on the basis of qualified immunity to Richard Jones, an MDOC employee who was driving the laundry truck, and Paul McPherson, a WHVCF officer who was operating the truck’s hydraulic lift gate when the incident occurred. For the reasons that follow, we REVERSE in part, AFFIRM in part, and REMAND for further proceedings.

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