# Eleanore Kue v. Samnuel North

> Court of Appeals for the Sixth Circuit · July 25, 2024

URL: https://www.frixlaw.com/law-library/cases/10480988

## Case

- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** July 25, 2024
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10480988

## How later opinions describe it (automated extraction)

- explaining that in the context of a conspiracy claim, for the plaintiff “to defeat defendants’ claim for qualified immunity, he must first establish that a constitutional right was violated”
- explaining the “fundamental principle that declining to exercise supplemental 13 No. 23-2100, Kue v. North jurisdiction over an action with no remaining federal claims is not an abuse of discretion” (internal quotation marks omitted)

## Opinion text

NOT RECOMMENDED FOR PUBLICATION
File Name: 24a0324n.06

Case No. 23-2100

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
Jul 25, 2024
)
ELEANORE KUE, et al., KELLY L. STEPHENS, Clerk
)
Plaintiffs-Appellants, )
) ON APPEAL FROM THE
v. ) UNITED STATES DISTRICT
) COURT FOR THE WESTERN
SAMUEL NORTH, et al., ) DISTRICT OF MICHIGAN
Defendants-Appellees. )
) OPINION

Before: GRIFFIN, NALBANDIAN, and BLOOMEKATZ, Circuit Judges.

NALBANDIAN, Circuit Judge. After a months-long investigation into His Healing

Hands, a medical clinic in Lansing, for over-prescribing controlled substances, Michigan

prosecutors declined to press charges. The clinic’s owners and operators, Dr. Eleanore Kue and

her husband Simon, were not happy about this investigation. So they sued, alleging among other

things violations of their Fourth and Fourteenth Amendment rights and malicious prosecution. But

because their complaint fails to plausibly allege a constitutional violation, the district court

dismissed the case on the pleadings. Finding no error, we AFFIRM.

I.

A.

Dr. Eleanore Kue ran an urgent-care clinic called His Healing Hands in Lansing, Michigan

(the “Clinic”). In 2019, Michigan State Police in the Diversion Investigation Unit (DIU) started

investigating whether Kue was overprescribing controlled prescription medications to Clinic
No. 23-2100, Kue v. North

patients. Officer Brett Brice, a member of the DIU, stated in his search warrant affidavit1 that he

noticed “several red flags of overprescribing or prescribing outside the scope of legitimate medical

practice.” R.34-2, Clinic Search Warrant, p.6, PageID 244. This was based in part on a tip from

a local pharmacist and on information about Kue’s prescribing history gathered from Michigan’s

Automated Prescription System (MAPS). MAPS showed that “the top three drugs prescribed by

Dr. Eleanore Kue in order are Clonazepam (Klonopin) 1mg tablet, Alprazolam 1mg tablet, and

Tramadol HCL 50mg tablet,” three Schedule IV controlled substances. Id.; see also Drug

Enforcement Administration, Controlled Substances - Alphabetical Order, 6, 8, 20 (last updated

April 15, 2024), https://perma.cc/QRQ8-EYEX. Brice also spoke to a Blue Cross Blue Shield

investigator who explained that Kue’s ratio of payments for prescriptions versus payments for

office visits was “unusual”—Blue Cross Blue Shield paid $133,000 for Kue’s prescriptions but

only $23,000 for her office visits. See id. at pp.6–7, PageID 244–45.

On top of this, Brice visited His Helping Hands four times as an undercover agent. He

observed what he thought was suspicious behavior by both the patients and Dr. Kue herself.

Officers Benjamin Garrison and Thomas Proffitt also visited the Clinic undercover.

In December 2019, a Michigan state court judge approved search warrants for Kue’s home

and the Clinic. Officers executed the warrants the next day. Officers additionally obtained

warrants to freeze two bank accounts associated with Kue. Despite all this, the county prosecutor

declined to press charges against Kue and dropped the civil forfeiture proceedings against Kue and

1
At the Rule 12(c) stage, “a court may consider exhibits attached to the complaint, public records,
items appearing in the record of the case, and exhibits attached to defendant’s motion to dismiss,
so long as they are referred to in the complaint and are central to the claims contained therein.”
Gavitt v. Born, 835 F.3d 623, 640 (6th Cir. 2016).

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the Clinic. The Michigan Board of Medicine, however, investigated Kue and placed her on

probation for one year and fined her $2,000 for medical negligence.

B.

Believing themselves wronged by this whole ordeal, Eleanore and Simon Kue sued under

42 U.S.C. § 1983 alleging various violations of their Fourth and Fourteenth Amendment rights.2

They sued the Michigan State Police troopers and others,3 asserting that Defendants (1) failed to

support the search warrants with probable cause, (2) subjected them to malicious prosecution,

(3) violated their substantive due process rights, (4) conspired to violate their civil rights, and

(5) tortiously interfered with a business relationship.

Defendants moved for judgment on the pleadings under Federal Rule of Civil Procedure

12(c). In response, Plaintiffs moved to amend under Rule 15(a), which permits amendments

“when justice so requires.” Fed. R. Civ. P. 15(a)(2). The district court denied Plaintiffs’ motion,

faulting them for failing to “file a substantive response to the Rule 12(c) Motion” and instead

“seeking leave to file an Amended Complaint.” R.58, Order, p.1, PageID 495. “It’s time to get a

direct and substantive response to Rule 12(c) Motion on the pleadings as they have stood” for

several months, the court declared. Id. at p.2, PageID 496. “If [P]laintiffs’ position is that they

can’t defend the existing pleading and can only survive if they are permitted to amend, then they

should say that. On the other hand, if they think the pleading can be defended in its current form,

they should say that and explain why.” Id.

2
His Healing Hands Urgent Care Center, Inc., is also a plaintiff.
3
This includes Troopers Samuel North, Brett Brice, Benjamin Garrison, Scott Josephs, and
Thomas Proffitt. Plaintiffs also sued Janice Waldmiller, Jamie Ousley, Debra Gagliardi, Forest
Pasanski, Eric St. Onge, and Lindsey Malocu. But these parties were voluntarily dismissed. See
Appellants Br. at 18 n.85; Appellees Br. at 4 n.3. So only the Michigan State Police troopers
remain.

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So Plaintiffs filed a response to the motion for judgment on the pleadings, arguing it should

not be granted and, in the alternative, their motion should be construed as a Rule 56(c) motion—a

motion for summary judgment—to allow the district court to consider their proposed amended

complaint. The district court again denied Plaintiffs’ motion: “The Court closely examined

Plaintiffs’ Proposed Amended Complaint” and “[n]one of these allegations sufficiently

demonstrate that Defendants violated Plaintiffs’ Fourth or Fourteenth Amendment rights.” R.62,

Op. and Order, pp.16–17, PageID 565–66.4 In the same opinion and order, the district court

granted Defendants’ motion for judgment on the pleadings, finding that Plaintiffs failed to state

plausible claims for relief on all counts, and the court declined to exercise supplemental

jurisdiction over the state-law claim. Plaintiffs timely appealed.

II.

Though they present various issues, Plaintiffs’ claims come within two broad questions:

(1) whether the district court erred in denying Plaintiffs’ motion to amend, and (2) whether the

court erred in granting Defendants’ motion for judgment on the pleadings. The parties first ask us

to evaluate the denial of the motion to amend, then to review the grant of judgment on the

pleadings. But, as explained below, these two broad questions essentially merge into one.

A.

To see how, consider the standard for reviewing a denial of a motion to amend. Though a

“court’s order denying a Rule 15(a) motion to amend is usually reviewed for an abuse of

discretion,” Riverview Health Inst. LLC v. Med. Mut. of Ohio, 601 F.3d 505, 512 (6th Cir. 2010),

4
The district court said the “new material consist[ed] only of inconsequential nit-picks; more
possible innocent explanations for Kue’s behavior; and additional conclusory assertions that
Defendants made falsified or misleading statements or omissions.” R.62, pp.16–17, PageID 565–
66.

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“we review de novo a district court’s denial of a motion to amend a complaint based on a finding

that ‘the amendment would be futile,’” Bray v. Bon Secours Mercy Health, Inc., 97 F.4th 403, 409

(6th Cir. 2024) (quoting Baaghil v. Miller, 1 F.4th 427, 432 (6th Cir. 2021)). Applying that here,

recall that the district court reviewed the proffered amendment and concluded that “[n]one of these

allegations [contained in the proposed amended complaint] sufficiently demonstrate that

Defendants violated Plaintiffs’ Fourth or Fourteenth Amendment rights.” R.62, p.17, PageID 566.

The court rejected the proposed amended complaint because it changed nothing. In fewer words,

it rejected it because it was futile. When the denial is based on futility, we will uphold the decision

if “the amendment could not withstand a Rule 12(b)(6) motion to dismiss.” Riverview Health, 601

F.3d at 512.

This connects the first issue to the second: “When a district court dismisses a case under

Federal Rule of Civil Procedure 12(c), we review de novo using the same standard as a dismissal

under Rule 12(b)(6).” Boyle v. Ford Motor Co., No. 23-1452, 2024 WL 1406401, at *2 (6th Cir.

Apr. 2, 2024) (citing Moderwell v. Cuyahoga County, 997 F.3d 653, 659 (6th Cir. 2021)); see also

JPMorgan Chase Bank, N.A. v. Winget, 510 F.3d 577, 581 (6th Cir. 2007). So though our case

deals with Rule 12(c), the standard is the same. It should be apparent by now that our inquiry into

whether the amended complaint would be futile merges—indeed, entirely overlaps—with the Rule

12(c) question. If Plaintiffs can’t make out a plausible claim, then the district court neither erred

in denying their motion to amend the complaint nor, more importantly, in granting the motion for

judgment on the pleadings.

So this case is entirely governed by the Rule 12(b)(6) standard. “To avoid dismissal under

Rule 12(b)(6)”—and therefore 12(c)—“a plaintiff must allege facts that, when taken as true, ‘state

a claim to relief that is plausible on its face’ and that rises ‘above the speculative level.’” Bray, 97

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F.4th at 410 (quoting Handy-Clay v. City of Memphis, 695 F.3d 531, 538 (6th Cir. 2012)); see also

Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 570 (2007). We “must construe the complaint in

a light most favorable to the plaintiff, accept all of the factual allegations as true, and determine

whether the plaintiff undoubtedly can prove no set of facts in support of his claims that would

entitle him to relief.” Ohio v. United States, 849 F.3d 313, 318 (6th Cir. 2017) (citation omitted).

“But we need not accept as true legal conclusions or unwarranted factual inferences.” JPMorgan

Chase Bank, 510 F.3d at 581–82 (internal quotation marks omitted).

B.

One more thing informs our legal analysis here—Defendants argue that they are protected

by qualified immunity. This requires us to ask two questions in any order: “First, taken in the light

most favorable to the party asserting the injury, do the facts alleged show that the officer’s conduct

violated a constitutional right? Second, is the right clearly established?” Rhodes v. Michigan,

10 F.4th 665, 672 (6th Cir. 2021) (quoting Silberstein v. City of Dayton, 440 F.3d 306, 311 (6th

Cir. 2006)).

Because the court dismissed this case under a 12(c) motion, we ask “whether the complaint

plausibly alleged a constitutional violation.” Myers v. City of Centerville, 41 F.4th 746, 759 (6th

Cir. 2022). So “if the complaint fails to allege facts plausibly showing the violation of a

constitutional right (regardless of whether that right was clearly established), granting qualified

immunity is appropriate on the pleadings,” and the “assertion of qualified immunity, by itself, does

not change that.” Id. To be sure, we’ve suggested that determining whether the contours of a right

are clearly established may be a little trickier on a motion to dismiss before factual development.

See Crawford v. Tilley, 15 F.4th 752, 765 (6th Cir. 2021). But we are also cognizant that “the

Supreme Court has consistently stated that one of the goals of qualified immunity is not only to

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help defendants avoid unnecessary trials but also to allow defendants to avoid pre-trial discovery

where the lawsuit is ‘insubstantial.’” Id. at 763 (quoting Harlow v. Fitzgerald, 457 U.S. 800, 808

(1982)).

With that background in mind, we can cut to the crux of this case—did Plaintiffs plausibly

allege a constitutional violation for each count? The long and short of it is that they did not.

III.

A.

Plaintiffs primarily argue that Defendants violated their constitutional rights under the

Fourth Amendment when they executed search warrants not supported by probable cause. With

qualified immunity, “our precedent offers a complete defense against” the claim that a search or

seizure lacked probable cause “when officers relied on a magistrate judge’s warrant.” Novak v.

City of Parma, 33 F.4th 296, 305–06 (6th Cir. 2022) (internal quotation marks omitted). “But this

defense has two exceptions.” Id. at 306. “The first covers cases when an officer provides false

information to obtain a warrant.” Id. (citation omitted). The second “applies if ‘the warrant is so

lacking in indicia of probable cause, that official belief in the existence of probable cause is

unreasonable.’” Id. (quoting Yancey v. Carroll County, 876 F.2d 1238, 1243 (6th Cir. 1989)); see

also Messerschmidt v. Millender, 565 U.S. 535, 547 (2012). Defendants obtained warrants from

a state court judge before searching the Clinic and the Kues’ home.5 So Plaintiffs must show one

of the exceptions applies.

5
As Plaintiffs note, the affidavit supporting the search warrant for the Clinic, R.34-2, and that
supporting the search warrant for the Kue’s home, R.34-3, are “[i]dentical,” Appellants Br. at 11
n.54, so we use the search warrant for the Clinic as an example when we discuss the contents of
both warrants.

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No. 23-2100, Kue v. North

First, the false-information exception. Plaintiffs must allege that “officers knowingly or

recklessly made false statements or significant omissions” that were material or necessary to

finding probable cause. Novak, 33 F.4th at 306. Plaintiffs’ initial complaint failed to plausibly

allege any false statements or omissions because it contained only conclusory accusations. See,

e.g., R.1, Compl., p.4, PageID 4 (alleging that “unlawful search warrants were issued,” and

“Defendants . . . executed the unlawful search warrants”). And even if we look at Plaintiffs’

proposed amended complaint, we still don’t see enough.

For example, Plaintiffs state, “Brice’s statement that Xanax [a.k.a. Alprazolam],

Klonopin[,] and Tramadol were the ‘top drugs that Dr. Kue was prescribing’ was false and

inaccurate” because “non-controlled substance medications were the top drugs that she was

prescribing.” R.54-3, Proposed Am. Compl., p.16, PageID 456 (emphasis omitted). But if you

look at Brice’s statement in context, discussing data in MAPS—“an electronic system for

monitoring schedule 2, 3, 4, and 5 controlled substances,” Mich. Comp. Laws § 333.7333a

(emphasis added)—it is not false or inaccurate because it is talking about controlled substances

often prescribed by Kue, not all drugs. See R.34-2, p.6, PageID 244. Similarly, Plaintiffs fail to

allege any omissions that would be material or necessary to the finding of probable cause. Though

they assert many omissions in the search warrant affidavit, see R.54-3, pp.15–16, 20–22, 25,

PageID 455–56, 460–62, 465, we find none convincing. Viewed in the context of the whole search

warrant, these appear to be, as the district court called them, “inconsequential nit-picks.” R.62,

p.16, PageID 565. Plaintiffs, for instance, fault Brice for not including “specific numbers” about

the tip from the pharmacist, omitting information about non-controlled substances prescribed by

Kue, and not discussing whether undercover officers claimed they had anxiety during undercover

visits. R.54-3, pp.14–16, 21, 25, PageID 454–56, 461, 465.

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No. 23-2100, Kue v. North

As to the specific numbers, Brice provided nearly a full page of details surrounding the tip

he received from the pharmacist, including the names of multiple individuals who received

prescriptions on a consistent basis and information from a Blue Cross Blue Shield investigator.

See R.34-2, p.6, PageID 244. Similarly, the context of the controlled and non-controlled drugs

shows that Brice did not omit this information; he simply limited his report to controlled

substances. See id. And the disputed discussions of anxiety with Clinic staff were not material to

the Clinic’s prescription patterns. See id. at pp.7–9, PageID 245–47.

What’s more, as the district court correctly noted, Plaintiffs’ assertions “essentially

collapse[] to an argument that Brice refused to list out potentially innocent explanations for Kue’s

prescribing history and behavior.” R.62, p.10, PageID 559. “But probable cause does not require

officers to rule out a suspect’s innocent explanation for suspicious facts.” District of Columbia v.

Wesby, 583 U.S. 48, 61 (2018). The “relevant inquiry is not whether particular conduct is

‘innocent’ or ‘guilty,’ but the degree of suspicion that attaches to particular types of noncriminal

acts.” Id. (quoting Illinois v. Gates, 462 U.S. 213, 244 n.13 (1983)). Indeed, probable cause “does

not require the same type of specific evidence of each element of the offense as would be needed

to support a conviction.” Crockett v. Cumberland Coll., 316 F.3d 571, 582 (6th Cir. 2003) (quoting

Adams v. Williams, 407 U.S. 143, 149 (1972)).

In all, the search warrant affidavit was lengthy and detailed, containing multiple examples

of “red flags.” R.62, p.9, PageID 558. Simply pointing out a few pieces of information that could

have also been included cannot show reckless omissions or falsehoods. After all, “we judge a

warrant affidavit ‘on the adequacy of what it does contain, not on what it lacks, or on what a critic

might say should have been added.’” United States v. Moore, 999 F.3d 993, 998 (6th Cir. 2021)

(quoting United States v. Allen, 211 F.3d 970, 975 (6th Cir. 2000)).

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Second, the lacking-indicia exception. As the discussion above indicates, the search

warrant did not lack any indicia of probable cause. On the contrary, it contained ample evidence.

To recap, the warrant included data from MAPS showing a high number of prescriptions for

controlled substances, an unusual ratio of prescriptions payments to office visits, suspicious

statements by patients at the Clinic observed by officers while undercover, and officers’ own

ability to obtain prescriptions and refills after brief appointments. See R.62, p.9, PageID 558

(summarizing the evidence contained in the search warranted). “Time and again the Supreme

Court has emphasized that ‘probable cause is not a high bar’ to clear.” United States v. Christian,

925 F.3d 305, 311 (6th Cir. 2019) (en banc) (quoting Wesby, 583 U.S. at 57). At bottom, the

district court was correct to conclude that “the warrants were not ‘so lacking in the indicia of

probable cause’ that no reasonably competent officer” would have relied on them. R.62, p.10,

PageID 559 (quoting Novak, 33 F.4th at 306). The district court was therefore correct to reject

Plaintiffs’ Fourth Amendment claim on the pleadings.

B.

Plaintiffs next bring a malicious-prosecution claim. To plead a successful malicious-

prosecution claim, a plaintiff must establish “(1) that a criminal prosecution was initiated against

the plaintiff,” and that the defendants were involved in the decision to prosecute; “(2) that the state

lacked probable cause for the prosecution; (3) that the plaintiff suffered a deprivation of liberty

because of the legal proceeding; and (4) that the criminal proceeding was ‘resolved in the

plaintiff’s favor.’”6 Jones v. Clark County, 959 F.3d 748, 756 (6th Cir. 2020) (quoting Sykes v.

6
The court’s holding in Jones on this fourth part was overruled by Thompson v. Clark, 596 U.S.
36, 39 (2022), but Thompson did not affect the other factors.

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No. 23-2100, Kue v. North

Anderson, 625 F.3d 294, 308–09 (6th Cir. 2010)); see also Lester v. Roberts, 986 F.3d 599, 606

(6th Cir. 2021). We can quickly dispose of this claim because Plaintiffs stumble at step one—they

admit they were never criminally prosecuted. See R.1, p.5, PageID 5; R.54-3, p.34, PageID 474.

So there is no basis for a malicious-prosecution claim without, as the name implies, a prosecution.

But Plaintiffs argue that, even if they were never criminally prosecuted, Defendants

maliciously pursued civil forfeiture and administrative medical licensing proceedings against

them. See Appellants Br. at 46–49. But these are not “criminal proceeding[s].” Sykes, 625 F.3d

at 308–09 (repeating the need for a “criminal proceeding” at each of the four steps of the test); see

also Chiaverini v. City of Napoleon, 144 S. Ct. 1745, 1749 (2024) (“To prevail on [a malicious-

prosecution] claim, he had to show (among other things) that the officers brought criminal charges

against him without probable cause.”); Novak, 33 F.4th at 307 (discussing “criminal[]

prosecut[ion]); Wright v. City of Euclid, 962 F.3d 852, 875–76 (6th Cir. 2020). And Plaintiffs cite

no case expanding malicious prosecutions to these areas.7

C.

Plaintiffs next bring a substantive-due-process claim as an alternative to their malicious-

prosecution claim. They argue that if the court finds that their malicious-prosecution claim fails,

then Defendants “will avoid liability for their actions because they do not fit precisely within the

contours of a Fourth Amendment malicious-prosecution claim. If that is so, then this Court should

proceed to analyze these actions on the DIU’s part under the substantive due process ‘shocks the

7
The closest Plaintiffs get is quoting a Supreme Court case calling “a forfeiture proceeding”
“quasi-criminal in character.” Appellants Br. at 46–47, 47 n.155 (quoting One 1958 Plymouth
Sedan v. Pennsylvania, 380 U.S. 693, 700 (1965)). But there appear to be no cases allowing a
malicious-prosecution claim to proceed based on civil forfeiture. So this one case is not enough
to establish Plaintiffs’ point.

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No. 23-2100, Kue v. North

conscience’ standard. . . .” Appellants Br. at 51. But, like their malicious-prosecution claim, this

fails out of the gate.

The Supreme Court has established that “the substantive due process framework is

inappropriate where another constitutional amendment encompasses the rights asserted.” Partin

v. Davis, 675 F. App’x 575, 581 (6th Cir. 2017) (citing Collins v. City of Harker Heights, 503 U.S.

115, 125 (1992)). Indeed, the Court has repeatedly explained that “[w]here a particular

Amendment ‘provides an explicit textual source of constitutional protection’ against a particular

sort of government behavior, ‘that Amendment, not the more generalized notion of substantive

due process, must be the guide for analyzing these claims.’” Albright v. Oliver, 510 U.S. 266, 273

(1994) (plurality opinion of Rehnquist, C.J.) (quoting Graham v. Connor, 490 U.S. 386, 395

(1989)); see also County of Sacramento v. Lewis, 523 U.S. 833, 842 (1998). The explicit textual

source here is the Fourth Amendment. So that is the legal provision governing their claim, not the

Fourteenth Amendment. Plaintiffs thus fail to plausibly allege a cognizable substantive-due-

process claim.

D.

The last federal claim Plaintiffs present is that Defendants are liable for conspiracy to

violate Plaintiffs’ civil rights. “To prevail on a civil conspiracy claim,” Plaintiffs “must show that

(1) a ‘single plan’ existed,” (2) Defendants “‘shared in the general conspiratorial objective’ to

deprive” Plaintiffs of their constitutional rights, and (3) “an overt act was committed in furtherance

of the conspiracy” that injured Plaintiffs. Bazzi v. City of Dearborn, 658 F.3d 598, 602 (6th Cir.

2011) (quoting Hooks v. Hooks, 771 F.2d 935, 944 (6th Cir. 1985)).

But Plaintiffs again present conclusory accusations on this count. In their proposed

amended complaint, Plaintiffs say, “Defendants’ motivation in doing so was (1) to establish a

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positive case history and ‘make a name’ for the newly minted Detectives in the DIU and (2) justify

the continued existence of the DIU, an underperforming and unproductive task force, by securing

a prosecution at any cost,” and that “[e]ach of the Defendants took overt acts in furtherance of this

outcome, as detailed herein.” R.54-3, p.44, PageID 484. The original complaint’s allegations are

even more sparse. See R.1, p.13, PageID 13. Still, even if we had more, the claim would fail

because Plaintiffs have failed to plausibly allege a constitutional violation. See Umani v. Mich.

Dep’t of Corr., 432 F. App’x 453, 462 (6th Cir. 2011) (explaining that in the context of a

conspiracy claim, for the plaintiff “to defeat defendants’ claim for qualified immunity, he must

first establish that a constitutional right was violated”); see also Wiley v. Oberlin Police Dep’t, 330

F. App’x 524, 530 (6th Cir. 2009). So when a plaintiff “has failed to allege facts or to provide

evidence sufficient to establish” that a constitutional “violation was committed by the defendants,

his conspiracy claim . . . also fails.” Umani, 432 F. App’x at 462. As discussed, Plaintiffs did not

plausibly make such a showing.

E.

Plaintiffs last contend that the district court erred in not exercising supplemental

jurisdiction over their state-law tortious interference claim. We review a decision not to exercise

supplemental jurisdiction for an abuse of discretion. Morrow v. Metro. Gov’t of Nashville &

Davidson Cnty., No. 22-5232, 2023 WL 5237332, at *6 (6th Cir. Aug. 15, 2023) (citing Gamel v.

City of Cincinnati, 625 F.3d 949, 951 (6th Cir. 2010)). With no viable grounds for reversal of the

federal law claims, however, this claim fails. Seeing no path forward for the federal claims, the

district court did not abuse its discretion. See Golf Vill. N., LLC v. City of Powell, 14 F.4th 611,

624 (6th Cir. 2021) (explaining the “fundamental principle that declining to exercise supplemental

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No. 23-2100, Kue v. North

jurisdiction over an action with no remaining federal claims is not an abuse of discretion” (internal

quotation marks omitted)).

IV.

For the above reasons, we affirm.

14

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10480988. Public record. Not legal advice.
