Case 2:18-cv-12063-GAD-RSW ECF No. 1 filed 07/02/18 PageID.

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SERENITY WADLEY, by and through )

her guardian, KENYETTE WADLEY, )
)
) Civil Action No. -CZ
Plaintiff, )
) Hon.
)
v. )
)
)
HAZEL PARK SCHOOL DISTRICT )
And LYNETTE DALEY in her )
individual capacity, )
)
)
Defendants. )
Jonathan R. Marko (P72450)
Counsel for Plaintiffs
MARKO LAW, PLC
645 Griswold Street, Suite 4100
Detroit, Michigan 48226
(313) 965-5555
jon@ernstmarkolaw.com
COMPLAINT

NOW COMES the above-named Plaintiffs, by and through their counsel,

MARKO LAW, PLC, and for their Complaint against the above-named

Defendants, states as follows:

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JURISDICTION AND VENUE

1. Jurisdiction is conferred by 28 U.S.C. §1331, as to Plaintiff’s federal

law claims.

2. The Court has supplemental jurisdiction of Plaintiff’s state law claims

pursuant to 13 U.S.C. 1367(a).

3. Venue is proper in this Court pursuant to 28 U.S.C. §1391(b)(2) as all

of the events giving rise to this cause of action occurred in the Eastern District of

Michigan.

PARTIES

4. Plaintiff Kenyette Wadley, and her minor, Serenity Wadley, are

residents of Detroit, in the County of Wayne, State of Michigan.

5. Serenity Wadley is an eight-year-old female and a student at Webb

Elementary School in the Hazel Park School District.

6. The Defendant School District is a public educational institution

located in the County of Oakland, State of Michigan.

7. Defendant Lynette Daley, on information and belief, is a

paraprofessional employed by the Hazel Park School District in the County of

Oakland, State of Michigan.

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8. The transactions and occurrences giving rise to this action took place

in Oakland County, Michigan, which is located in the Eastern District in the State

of Michigan.

9. That the amount in controversy greatly exceeds this Court’s

jurisdictional requirement.

FACTUAL ALLEGATIONS

10. Plaintiffs, by reference, incorporate the preceding paragraphs of their

Complaint as though fully set forth herein.

11. Plaintiff Serenity, at all times relevant to this Complaint, was a third-

grade student at Webb Elementary School, located in the Hazel Park School

District, in the County of Oakland, State of Michigan.

12. On or about October 24, 2017, Serenity attempted to leave her

classroom.

13. As Serenity attempted to exit the classroom, Defendant Daley

slammed the door closed on Serenity’s finger with such force that her finger was

nearly severed.

14. As a result of Defendants’ gross negligence and/or intentional

conduct, Plaintiff was seriously and severely injured.

COUNT I
VIOLATION OF THE FOURTH AMENDMENT

RIGHT TO BE FREE FROM UNREASONABLE PUBLIC SEIZURES

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15. Plaintiffs, by reference, incorporate the preceding paragraphs of their

Complaint as though fully set forth herein.

16. The Fourth Amendment applies to public school officials and

encompasses the right to be free from unreasonable bodily restraint and

unreasonable seizure.

17. Isolating an individual, like Serenity, by placing her in a room and

standing in front of the doorway to prevent her from exiting, when Serenity was

physically unable to free herself from this captivity, was an unreasonable seizure in

violation of the Fourth Amendment.

18. Serenity suffered injuries as a result of these Constitutional violations.

19. The acts and omissions of Defendant Daley, among others,

proximately caused those injuries.

COUNT II

VIOLATION OF THE FOURTEENTH AMENDMENT
RIGHT TO PERSONAL SECURITY AND BODILY INTEGRITY

20. Plaintiffs, by reference, incorporate the preceding paragraphs of their

Complaint as though fully set forth herein.

21. The Fourteenth Amendment encompasses the right to personal

security and bodily integrity and applies to public school officials.


22. Isolating individuals, like Serenity, alone in a room as a form of

punishment, when the person is unable to leave is a violation of the Fourteenth

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Amendment right to personal security and bodily integrity and is not reasonably

related to any pedological purpose.

23. Isolating Serenity in a room constituted deliberate indifference to her

federally protected rights.


24. Serenity suffered an injury as a result of these Fourteenth Amendment


violations. 


25. Defendant’s acts and/or omissions proximately caused the injuries. 


COUNT III: ASSAULT & BATTERY

26. Plaintiffs, by reference, incorporate the preceding paragraphs of their

Complaint as though fully set forth herein.

27. Defendant Daley’s act of moving Serenity into a room, isolating her

there, and slamming Serenity’s finger in a doorway constitutes a battery under

Michigan state law.


28. Serenity suffered injuries as a result of the above-described battery.

COUNT IV
GROSS NEGLIGENCE

29. Plaintiffs, by reference, incorporate the preceding paragraphs of their

Complaint as though fully set forth herein.

30. Defendants breached their duties to Plaintiff in at least one or more of

the following particulars, so far is presently known:

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a. Slamming a door on her finger;

b. Failure to protect and provide a reasonably safe environment to

Plaintiff;

c. Putting Plaintiff in a dangerous situation;

d. Others to be determined as discovery reveals.

31. That the negligent acts of Defendants, as outlined above, are an actual

and proximate cause of Plaintiff Serenity Wadley’s severe injury as hereinafter

alleged.

DAMAGES

32. Plaintiffs, by reference, incorporate the preceding paragraphs of their

Complaint as though fully set forth herein.

33. As a direct and proximate result of Defendants’ illegal acts and/or

omissions, Plaintiff suffered the following injuries and damages including, but not

limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Emotional distress;

d. Severe anxiety;

e. Fear and humiliation;

f. Medical treatment;

g. Reasonable attorney fees and costs;

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h. Other damages to be revealed during the course of discovery and

litigation.

WHEREFORE, Plaintiff respectfully requests this Honorable Court grant

Judgment in favor of Plaintiff and against Defendants, in an amount the Court or

jury deems just and fair.

Respectfully submitted,

/s/Jonathan R. Marko
Jonathan R. Marko (P72450)
Counsel for Plaintiff
Marko Law, PLC
645 Griswold Street, Suite 4100
Detroit, Michigan 48226
(313) 965-5555

Dated: July 2, 2018

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JURY DEMAND

NOW COMES Plaintiffs, by and through their attorneys Marko Law,

PLC, and respectfully requests a trial by jury.

Respectfully submitted,

/s/Jonathan R. Marko
Jonathan R. Marko (P72450)
Counsel for Plaintiff
Marko Law, PLC
645 Griswold Street, Suite 4100
Detroit, Michigan 48226
(313) 965-5555

Dated: July 2, 2018

CERTIFICATE OF SERVICE

I hereby certify that on July 2, 2018, I served the

foregoing paper to this Court’s ECF System which will
send notification of such filing to the above listed
attorneys of record.

/s/ Katie L. Williams

Katie L. Williams