ESTATE OF SETH MICHAEL ZAKORA; BRANDY ZAKORA, IN HER CAPACITY AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF SETH MICHAEL ZAKORA v. TROY CHRISMAN; MATTHEW HUNTLEY; CHADWICK MOBLEY; STEVE JOHNSON; BONITA J. HOFFNER; STEVE RIVARD; HEIDI E. WASHINGTON; BRANDON OAKS; RUSSELL RURKA; HEATHER LASS; JAMES WOLODKIN; JAMES COLEMAN; UNKNOWN PARTY, NAMED AS JANE DOE - Articles

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ESTATE OF SETH MICHAEL ZAKORA; BRANDY ZAKORA, IN HER CAPACITY AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF SETH MICHAEL ZAKORA v. TROY CHRISMAN; MATTHEW HUNTLEY; CHADWICK MOBLEY; STEVE JOHNSON; BONITA J. HOFFNER; STEVE RIVARD; HEIDI E. WASHINGTON; BRANDON OAKS; RUSSELL RURKA; HEATHER LASS; JAMES WOLODKIN; JAMES COLEMAN; UNKNOWN PARTY, NAMED AS JANE DOE

Posted by: Karen Belcher on Aug 10, 2022

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Madeline M. Sinkovich, JOHNSON LAW, PLC, Detroit, Michigan, for Appellants.

Attorneys 2: ARGUED: Kyla L. Barranco, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for the MSP Appellees.

Attorneys 3: ARGUED: James T. Farrell, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for the MDOC Appellees.

Attorneys 4: ON BRIEF: Madeline M. Sinkovich, Christopher Patrick Desmond, JOHNSON LAW, PLC, Detroit, Michigan, for Appellants.

Attorneys 5: ON BRIEF: Kyla L. Barranco, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for the MSP Appellees.

Attorneys 6: ON BRIEF: James T. Farrell, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for the MDOC Appellees.

Judge(s): SUTTON, Chief Judge; GILMAN and MOORE, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

RONALD LEE GILMAN, Circuit Judge. Seth Michael Zakora died from an overdose of fentanyl in his prison cell at the Lakeland Correctional Facility (Lakeland) in Michigan. His mother, Brandy Zakora, as the personal representative of his estate, brought this lawsuit against a number of employees and officials with the Michigan Department of Corrections (MDOC) and the Michigan State Police (MSP), asserting multiple claims under 42 U.S.C. § 1983.

The claims in essence allege that the defendants are responsible for Zakora’s death because (1) they failed to protect him from the allegedly rampant problem of drug smuggling at Lakeland, and (2) they failed to promptly investigate two other incidents of drug overdoses in Zakora’s small unit that occurred within two days of his own death. Zakora’s estate (the Estate) also alleges that two corrections officers were deliberately indifferent to Zakora’s serious medical needs by not heeding verbal warnings from other inmates about Zakora’s dire health status immediately before he died.

The district court granted the defendants’ motions to dismiss or, in the alternative, for summary judgment. For the reasons set forth below, we AFFIRM in part, REVERSE in part, and REMAND the case to the district court for further proceedings consistent with this opinion.

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