![]() ![]() “Entitlement to qualified immunity is a threshold question to be resolved at the earliest possible point.” Wesley v. Schipani asserted her qualified immunity defense against the malicious prosecution and the civil conspiracy to commit malicious prosecution claims. DISCUSSION The Court need not address Schipani’s absolute immunity defense to the allegations involving her testimony at a bond hearing. If “a cause of action fails as a matter of law, regardless of whether the plaintiff’s factual allegations are true or not,” then the Court must dismiss. But the Court will not presume the truth of legal conclusions in the complaint. The Court views the complaint in the light most favorable to the plaintiff, presumes the truth of all well-pleaded factual assertions, and draws every reasonable inference in the nonmoving party’s favor. LEGAL STANDARD The Court may grant a Rule 12(b)(6) motion to dismiss if the complaint fails to allege facts “sufficient ‘to raise a right to relief above the speculative level,’ and to ‘state a claim to relief that is plausible on its face.’” Hensley Mfg. Plaintiff later sued Schipani for malicious prosecution and civil conspiracy to prosecute without probable cause, both in violation of his Fourth Amendment rights. And Schipani was removed from the case and placed on administrative leave. In the end, Schipani allegedly suppressed favorable evidence that led to Plaintiff being denied a reasonable bond. And her testimony about her qualifications at the hearing was later found to be untruthful. But before she testified, she “did not verify any of the allegations made by Johanna. Schipani later testified at a bond hearing for Plaintiff about allegations that Defendant Johanna MacMaster brought against Plaintiff. Schipani was also “aware that Kolodziej had met with witnesses in case on his own.” Id. at 821 (explaining that Schipani asked questions to witnesses). As part of her work on the case, “Schipani was asked to change a report she made during a discussion with an expert witness.” Id. During Schipani’s time on the case as an investigator with the Attorney General’s office, she and Defendant Brian Kolodziej, the prosecutor on the case, had an inappropriate relationship. 2008), the Court’s recitation does not constitute a finding or proof of any fact. 2 Because the Court must view all facts in the light most favorable to the nonmoving party, see Bassett v. 1 Based on the parties’ briefing, the Court will resolve the motion on the briefs without a hearing. Schipani’s involvement in the case began in July 2019 when she started interacting with Plaintiff’s daughter. The Court will also recite the following additional alleged facts: Plaintiff was arrested in May 2019. BACKGROUND2 In the interest of judicial economy, the Court will adopt the background section of the earlier omnibus opinion and order. ECF 64.1 For the following reasons, the Court will grant the motion to dismiss. Plaintiff Sean MacMaster opposed the motion. ![]() ![]() OPINION AND ORDER GRANTING MOTION TO DISMISS Defendant Lauren Schipani moved to dismiss the claims in the amended complaint based on absolute immunity and qualified immunity. 2:21-cv-11052 Plaintiff, HONORABLE STEPHEN J. 68, PageID.1361 Filed 05/18/22 of 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SEAN MACMASTER, Case No. ![]()
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