FELICIA QUIZEL MORGAN, BY HER NEXT FRIEND, SHA’VONNE MORGAN v. WAYNE COUNTY, MICHIGAN; SERGEANT ARELIA PENDERGRASS; DEPUTY LEONARD DAVIS; DEPUTY KEISA CLARK - Articles

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FELICIA QUIZEL MORGAN, BY HER NEXT FRIEND, SHA’VONNE MORGAN v. WAYNE COUNTY, MICHIGAN; SERGEANT ARELIA PENDERGRASS; DEPUTY LEONARD DAVIS; DEPUTY KEISA CLARK

Posted by: Karen Belcher on May 3, 2022

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Michael R. Dezsi, LAW OFFICE OF MICHAEL R. DEZSI, PLLC, Royal Oak, Michigan, for Appellant/Cross-Appellee.

Attorneys 2: ARGUED: Davidde A. Stella, WAYNE COUNTY CORPORATION COUNSEL, Detroit, Michigan, for Appellees/Cross-Appellants.

Attorneys 3: ON BRIEF: Michael R. Dezsi, LAW OFFICE OF MICHAEL R. DEZSI, PLLC, Royal Oak, Michigan, for Appellant/Cross-Appellee.

Attorneys 4: ON BRIEF: Davidde A. Stella, WAYNE COUNTY CORPORATION COUNSEL, Detroit, Michigan, for Appellees/Cross-Appellants.

Judge(s): BATCHELDER, GIBBONS, and GRIFFIN, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Eastern District of Michigan at Port Huron

GRIFFIN, Circuit Judge. Plaintiff Felicia Morgan has long suffered from mental illness and has spent a large portion of her life incarcerated. While imprisoned, Morgan was temporarily moved to United Community Hospital (UCH), a private contractor that housed severely mentally ill inmates for Wayne County, Michigan. Three Wayne County deputies were scheduled to supervise the inmates in the UCH ward at all times. But on the afternoon of November 15, 2005, one deputy took his lunch break and a second left to use the restroom, leaving only one deputy in the unit. During those moments, there was a sexual encounter between Morgan and another inmate. After her release from prison, Morgan filed this lawsuit, alleging that the county and the on-duty deputies were deliberately indifferent to a serious risk of harm to her. The district court entered judgment in favor of defendants, and we affirm.

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