1:23-cv-01308•Minges v. Berrien, County of et al
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1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN BARBARA MINGES, Case No. 1:23-cv-01308 Plaintiff, Hon. Paul L. Maloney U.S. District Judge v. COUNTY OF BERRIEN, et al., Defendants. / REPORT AND RECOMMENDATION I. Introduction This Report and Recommendation (R. & R.) addresses Defendant Wellpath’s motion to dismiss based upon the May 1, 2025, United States Bankruptcy Court for the Southern District of Texas final confirmation order discharging and releasing claims against Wellpath. (ECF No. 77.) Wellpath argues that the claims asserted by Plaintiff should be dismissed with prejudice based upon the Bankruptcy Court’s final order. Plaintiff argues that the claim against Wellpath is not dischargeable in bankruptcy because it is based upon a “willful and malicious injury by the debtor.” (ECF No. 80, PageID.750.) Plaintiff, Barbara Minges, filed this lawsuit as personal representative of the estate of Nicholas Jaeger. (ECF No. 1.) She alleges that when Jaegar was arrested and placed in the Berrien County Jail on April 6, 2022, he was withdrawing from heroin. (Id., PageID.5.) Plaintiff sues Defendants Berrien County; Wellpath, LLC (Wellpath); Licensed Practical Nurse (LPN) Thomas, who is employed by Wellpath; Case 1:23-cv-01308-PLM-MV ECF No. 91, PageID.<pageID> Filed 11/05/25 Page 1 of 10
2 Deputy Jane Doe and Deputy Justin Williams. (Id., PageID.3-4.) Plaintiff alleges that Jaegar did not receive proper care while he was going through heroin withdrawal despite his obvious need for medical care, and, as a result, that he died on April 7, 2022. As Plaintiff alleges, Wellpath contracted with Berrien County to provide health care for Berrien County Jail inmates. (Id., PageID.4.) Plaintiff alleges that Wellpath assigned Defendant LPN Thomas to the jail. (Id.) II. Analysis The Federal Rules provide that a claim may be dismissed for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). To survive a Rule 12(b)(6) motion, “a complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotation marks omitted). Put differently, if plaintiffs do “not nudge[] their claims across the line from conceivable to plausible, their complaint must be dismissed.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678. In determining whether a claim has facial plausibility, a court must construe the complaint in the light most favorable to the plaintiff, accept the factual allegations as true, and draw all reasonable inferences in favor of the plaintiff. Bassett v. Nat’l Collegiate Athletic Ass’n, 528 F.3d 426, 430 (6th Cir. 2008). Those factual allegations “must contain either direct or inferential allegations respecting all Case 1:23-cv-01308-PLM-MV ECF No. 91, PageID.<pageID> Filed 11/05/25 Page 2 of 10
3 the material elements to sustain recovery under some viable legal theory.” League of United Latin Am. Citizens v. Bredesen, 500 F.3d 523, 527 (6th Cir. 2007) (internal citations omitted). “When a court is presented with a Rule 12(b)(6) motion, it may consider the Complaint and any exhibits attached thereto, public records, items appearing in the record of the case and exhibits attached to defendant’s motion so long as they are referred to in the Complaint and are central to the claims contained therein.” Id. Plaintiff brings a Monell claim against Defendant Wellpath. Monell v. Dep’t. of Soc. Servs. Of the City of New York, 436 U.S. 658 (1978). Liberally construing Plaintiff’s complaint, Plaintiff alleges that Wellpath failed to “properly supervise, monitor and train its . . . staff so as to monitor and supervise the jail’s prisoners so they would detect serious medical conditions.”1 (Id., PageID.18.) Plaintiff alleges that Defendant Wellpath “breached these duties via its policies, procedures, regulations, customs and/or lack of training and thus exhibited a reckless indifference toward its prisoners” by “failing to staff the jail with competent medical personnel” and by failing to have adequate policies and procedures in place for prisoners experiencing withdrawal symptoms. (Id., PageID.19.) On May 1, 2025, the United States Bankruptcy Court for the Southern District of Texas entered an Order Confirming the First Amended Joint Chapter 11 Plan of 1 The only Wellpath staff member identified by Plaintiff is LPN Thomas, and Plaintiff has not identified a Wellpath policy, custom, or procedure that violated Jaegar’s rights. LPN Thomas is not seeking dismissal from this action based upon the Bankruptcy Court final order. Case 1:23-cv-01308-PLM-MV ECF No. 91, PageID.<pageID> Filed 11/05/25 Page 3 of 10
4 Reorganization of Wellpath Holdings, Inc. and Certain Debtors Affiliates. (ECF No. 77-1.) The order discharges Wellpath’s debt that arose before May 1, 2025. The order provided in part that: any Holder of a Claim against or Interest in the Debtors that did not check the “Opt Out” box on the applicable Ballot or Opt Out Form or otherwise objected to the Third-Party Release, returned in advance of the Voting Deadline (or within 60 days after the Confirmation Date for incarcerated individuals), would be deemed to have expressly, unconditionally, generally, individually, and collectively consented to the release and discharge of all Claims and Causes of Action against the Debtors . . . . (ECF No. 77-1, PageID.605-606.) Wellpath argues that because Plaintiff failed to opt out or object, her claims against Wellpath must be dismissed under the terms of the Bankruptcy Court confirmation order. Plaintiff does not argue otherwise but, instead, argues that the claim she asserts against Wellpath cannot be discharged in bankruptcy.2 Under 11 U.S.C. § 1141, the confirmation of a plan “discharges the debtor from any debt that arose before the date of such confirmation.” 11 U.S.C. § 1141(d)(1)(A). However, exceptions exist for various intentional torts. Relevant here, a bankruptcy 2 District Courts from this Circuit that have decided this issue have reached various conclusions. See Huffman v. Williams, 2025 WL 2522965 (W.D. Ken. Sept. 2, 2025) (dismissing Wellpath after taking judicial notice of the Wellpath bankruptcy confirmation order); Poronto v. Hoist, 2025 WL 2700601 (E.D. Mich. Sept. 22, 2025) (recognizing that the Wellpath bankruptcy discharge renders the collection of a debt owed by Wellpath as unenforceable, but allowing the case to proceed against Wellpath as a nominal party solely for the determination of liability); Carr v. Wilkerson, 2025 WL 2656043 (E.D. Mich. Sept. 16, 2025) (noting that if the Plaintiff had failed to opt out, the claims would be released and dismissed by the Court); Gregory v. M.D.O.C., 2025 WL 2466029 (E.D. Mich. Aug. 26, 2025) (denying Wellpath’s motion to dismiss without prejudice based upon bankruptcy confirmation order because too many questions were left unanswered in the motion). Case 1:23-cv-01308-PLM-MV ECF No. 91, PageID.<pageID> Filed 11/05/25 Page 4 of 10
5 cannot discharge a debt “for willful and malicious injury by the debtor to another entity . . . .” 11 U.S.C. § 523(a)(6). Plaintiff asks this Court to rule that her claim against Wellpath is for a willful and malicious injury that cannot be discharged by bankruptcy. 3 (ECF No. 80, PageID.750.) 3 In its reply brief, Wellpath argues (1) that only the Bankruptcy Court can decide issues of dischargeability, and (2) that Plaintiff has missed her opportunity to do so before that court. (ECF No. 86, PageID.782.) Wellpath is likely correct on both points. Section 523(c)(1), shown below, requires a creditor to ask “the court” to determine whether a debt specified in Section 523(a)(6) is dischargeable. Except as provided in subsection (a)(3)(B) of this section, the debtor shall be discharged from a debt of a kind specified in paragraph (2), (4), or (6) of subsection (a) of this section, unless, on request of the creditor to whom such debt is owed, and after notice and a hearing, the court determines such debt to be excepted from discharge under paragraph (2), (4), or (6), as the case may be, of subsection (a) of this section. 11 U.S.C. § 523(c)(1). Case law relating this dischargeability determination indicates that “the Court” referenced in Section 523(c)(1) is the Bankruptcy Court, and that it has exclusive jurisdiction with respect to this issue. See In re Moncur, 328 B.R. 183, 189 (B.A.P. 9th Cir. 2005) (The history of the enactment of the original exclusive jurisdiction provision in 1970 and the manner in which it was carried forward into the Bankruptcy Code indicate that the reference to “the court” in § 523(c)(1) contemplates a bankruptcy court before which a bankruptcy case involving the debtor is pending at the time the decision is rendered); In re Gianopolous, 584 B.R. 598, 605 (Bankr. S.D.N.Y. 2018) (“Pursuant to § 523(c)(1), the bankruptcy court has exclusive jurisdiction to determine the dischargeability of the intentional tort debts”); Hendrickson v. Setty-O’Connor, No. 3:22-CV-2930-S-BN, 2024 WL 5171621, at *3 (N.D. Tex. Nov. 12, 2024), report and recommendation adopted, No. 3:22-CV-2930-S- BN, 2024 WL 5173314 (N.D. Tex. Dec. 19, 2024) (“Although the bankruptcy court has jurisdiction over all § 523 issues, the exceptions to discharge over which the bankruptcy court has exclusive jurisdiction are those defined in § 523(a)(2), (a)(4), and (a)(6)). Further, it appears that Plaintiff has missed her opportunity to make this Case 1:23-cv-01308-PLM-MV ECF No. 91, PageID.<pageID> Filed 11/05/25 Page 5 of 10
6 “[W]illful means deliberate or intentional.” Wheeler v. Laudani, 783 F.2d 610, 615 (6th Cir. 1986). “‘Malicious’ means in conscious disregard of one’s duties or without just cause or excuse; it does not require ill-will or specific intent to do harm.” Id. (citation omitted). Under this section, “nondischargeability takes a deliberate or intentional injury, not merely a deliberate or intentional act that leads to injury.” Kawaauhau v. Geiger, 523 U.S. 57, 61 (1998). Plaintiff alleges that Jaeger arrived at the Berrien County Jail with withdrawal symptoms but “jail staff and LPN Karen Thomas deliberately ignored these signs and broke protocol, and failed to check [Jaeger’s] vitals and provide him his withdrawal medication in the last hours of his life.” (ECF No. 80, PageID.748.) Plaintiff asserts that Jaeger was placed in an observation cell and was supposed to be checked every 30 minutes and provided withdrawal medication twice per day. (Id.) Jaeger’s condition worsened and Defendants Williams, and Doe ignored requests for help from other inmates. (Id.) Plaintiff disputes Defendant Thomas’s claim that during the evening of April 6, 2022, Jaeger was administered withdrawal argument to the Bankruptcy Court. Rule 4007(c) of the Federal Rules of Bankruptcy gives a creditor 60 days after the first Section 341 meeting to file a complaint under Section 523(c). Wellpath represents that the first Section 341 meeting took place on Jan. 7, 2025. (ECF No. 86, PageID.782.) Thus, it is too late for Plaintiff to litigate this issue. As noted above, these issues were raised in the reply brief, meaning Plaintiff has not had a chance to weigh in. In the remainder of this R. & R., the undersigned will address the merits of the dischargeability issue. But the Court could grant Wellpath’s motion on grounds (1) that Plaintiff’s sole opportunity to obtain an exception to bankruptcy discharge was through the Bankruptcy Court for the Southern District of Texas, where the Wellpath bankruptcy was proceeding, and (2) that Plaintiff missed her opportunity to do so. Case 1:23-cv-01308-PLM-MV ECF No. 91, PageID.<pageID> Filed 11/05/25 Page 6 of 10
7 medication. (Id., PageID.749.) The next, morning she allegedly refused to provide medication leading to Jaeger’s death. (Id.) Plaintiff does not explain how Wellpath caused a willful and malicious injury. Plaintiff only argues that the individual defendants’ action or inaction led to Jaeger’s death. A municipality is not subject to § 1983 liability “for an injury inflicted solely by its employees or agents.” Kovalchuk v. City of Decherd, 95 F.4th 1035, 1038 (6th Cir. 2024) (quoting Monell v. Dep't of Soc. Servs., 436 U.S. 658, 694 (1978)). Instead, the municipality can only be held liable “for [its] own illegal acts.” Id. (alteration in original) (quoting Connick v. Thompson, 563 U.S. 51, 60 (2011)). Where a municipal employee harms a private party, that party must show that the employee’s unconstitutional conduct stems from a municipal “policy or custom.” Coleman v. Hamilton Cnty. Bd. of Cnty. Comm’s, 130 F.4th 593, 599 (6th Cir. 2025). There are four recognized avenues for a plaintiff to establish a municipality’s policy or custom: “(1) the existence of an illegal official policy or legislative enactment; (2) that an official with final decision making authority ratified illegal actions; (3) the existence of a policy of inadequate training or supervision; or (4) the existence of a custom of tolerance or acquiescence of federal rights violations.” Burgess v. Fischer, 735 F.3d 462, 478 (6th Cir. 2013) (citing Thomas v. City of Chattanooga, 398 F.3d 426, 429 (6th Cir. 2005)). “Even after showing an unlawful policy or custom, a plaintiff must also demonstrate a direct causal link between the policy and the alleged constitutional violation in order to show that the municipality’s deliberate conduct can be deemed the ‘moving force’ behind the violation.” Jones v. Case 1:23-cv-01308-PLM-MV ECF No. 91, PageID.<pageID> Filed 11/05/25 Page 7 of 10
8 Louisville/Jefferson Cnty. Metro Gov’t, 482 F. Supp. 3d 584, 597 (W.D. Ky. 2020) (quoting Spears, 589 F.3d 249 at 256 (cleaned up)). In Watkins v. City of Battle Creek, 273 F.3d 682, 687 (6th Cir. 2001), the Sixth Circuit held that if “no constitutional violation by the individual defendants is established, the municipal defendants cannot be held liable under § 1983.” Generally, if no constitutional violation can be attributed to an individual municipal actor, it is unlikely that the plaintiff was deprived of a constitutional right at all. North v. Cuyahoga Cnty., 754 F. App’x 380, 390 (6th Cir. Nov. 5, 2018). More recently, the Sixth Circuit has recognized that “in certain unusual circumstances, a municipality might be liable for a constitutional violation even in the absence of a liable individual.” Hart v. Hillsdale Cnty., Michigan, 973 F.3d 627, 645 (6th Cir. 2020); Winkler v. Madison Cnty., 893 F.3d 877, 900 (6th Cir. 2018). A Monell claim against a municipality may proceed without a claim against an offending officer, so long as it remains consistent with a finding of a constitutional violation. Stucker v. Louisville Metro Gov’t, No. 23-5214, 2024 WL 2135407, at *6 (6th Cir. May 13, 2024). There exists “scenarios when no officer may have acted unconstitutionally, but the municipality has nonetheless inflicted constitutional harm of a victim – such as a lack of action due to the failure to train, or where there are systematic problems with the health care system in the County jail.” Grote v. Kenton Cnty., 85 F. 4th 397, 414 (6th Cir. 2023). First, Plaintiff has failed to identify a Wellpath specific policy, custom, or procedure that violated Jaeger’s rights. Second, Plaintiff has not set forth any Case 1:23-cv-01308-PLM-MV ECF No. 91, PageID.<pageID> Filed 11/05/25 Page 8 of 10
9 factual allegations to explain how Wellpath failed to train any of its employees or how the failure to train violated Jaeger’s rights. And most importantly, Plaintiff has not alleged or shown that a Wellpath policy, custom, or procedure, or lack of training of its employees resulted in a willful and malicious injury caused by Wellpath. Plaintiff would have to show that Wellpath willfully and maliciously either created a policy, custom, or procedure, or failed to train its employees in a manner that caused injury to inmates. Plaintiff makes no attempt to even make such a connection and only focuses on the alleged actions or inactions of the individual Defendants. Plaintiff does not even make an argument that Defendant Wellpath took willful and malicious action. The Court must, of course, view the facts and the allegations in the light most favorable to the non-moving party. Nevertheless, the failure to even allege such conduct on behalf of Wellpath is fatal to Plaintiff’s argument that her claim cannot be discharged by the bankruptcy confirmation order. III. Recommendation For these reasons, it is respectfully recommended that the Court grant Defendant Wellpath’s motion to dismiss based upon the May 1, 2025, United States Bankruptcy Court for the Southern District of Texas final confirmation order discharging and releasing claims against Wellpath. NOTICE TO PARTIES: Objections to this Report and Recommendation must be served on opposing parties and filed with the Clerk of the Court within fourteen (14) days of receipt of this Report and Recommendation. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b); W.D. Mich. LCivR 72.3(b). Failure to file timely objections Case 1:23-cv-01308-PLM-MV ECF No. 91, PageID.<pageID> Filed 11/05/25 Page 9 of 10
10 constitutes a waiver of any further right to appeal. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). See also Thomas v. Arn, 474 U.S. 140 (1985). Dated: November 5, 2025 /s/ `ttÜàxÇ ixÜÅttà MAARTEN VERMAAT U.S. MAGISTRATE JUDGE Case 1:23-cv-01308-PLM-MV ECF No. 91, PageID.<pageID> Filed 11/05/25 Page 10 of 10
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