If this opinion indicates that it is “FOR PUBLICATION,” it is subject to
revision until final publication in the Michigan Appeals Reports.
STATE OF MICHIGAN
COURT OF APPEALS
BLAKE A. JONES, UNPUBLISHED
April 11, 2024
Plaintiff-Appellant,
v No. 368794
Oakland Circuit Court
OAKLAND COUNTY SHERIFF’S OFFICE, LC No. 2023-201844-CZ
Defendant-Appellee.
Before: CAVANAGH, P.J., and K. F. KELLY and RICK, JJ.
PER CURIAM.
In this civil action involving alleged police misconduct, plaintiff appeals as of right the trial
court’s order granting defendant’s motion for summary disposition under MCR 2.116(C)(8)
(failure to state a claim). On appeal, plaintiff alleges that Sergeant Todd Hunt, working for
defendant, committed police misconduct during an investigation that led to plaintiff’s arrest and
current, pending criminal case. Because the trial court (1) acted within its discretion when striking,
sua sponte, various additional complaints filed by plaintiff and (2) properly granted summary
disposition for defendant, we affirm.
I. BACKGROUND
Plaintiff represented himself in the trial court, and continues to do so on appeal. This case
commenced when plaintiff filed two separate complaints against defendant on August 2, 2023.
The two complaints are essentially identical. Plaintiff alleged, in full:
Unlawful Criminal Procedure[;] Imminent threat to myself, the constitution
of the state of Michigan and the Constitution of the United States of America[;]
Illegal Searching[;] Perjury[; ]Police Misconduct[;] Corruption[;] Disorderly
Conduct[;] Redacted Dash Camera-Brady violation[;] Missing In-car
Audio/[]Video-Privacy act Violation[;] Cover-up[.]
Plaintiff’s second complaint also included the following note: “Order No: 21-86616[; ]Reference
case No. 2022-279935-FH[.]”
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Case number 2022-279935-FH refers to the state’s criminal case against plaintiff in the
Oakland Circuit Court, which remains pending. Plaintiff was bound over for trial in February
2022 on one count each of third-degree fleeing and eluding a police officer, MCL 257.602a(3)(a),
and carrying a concealed weapon, MCL 750.2327(1). Returning to the instant case, on August 4,
2023, plaintiff filed in the trial court a document titled “Deputy Violations,” which merely quoted
various portions of Michigan’s public health and penal codes, constitution, and code of criminal
procedure.
Defendant, in lieu of answering, moved for summary disposition under MCR 2.116(C)(8).
The same day, plaintiff filed a “Complaint” for “Deputy Violations” and “Prosecutorial
Misconduct.” Plaintiff included some additional authority for his claim(s) and, for the first time,
factual allegations concerning Sergeant Hunt’s specific misconduct. The next day, the court
entered a scheduling order on defendant’s motion for summary disposition, requiring that plaintiff
file a response by October 18, 2023. The order also stated, “The Court will not consider late or
non-conforming briefs.” “If the non-moving party’s response and supporting brief is not timely
filed, or if a response brief is not filed, the Court will assume opposing counsel does not have any
authority for its respective position.”
Plaintiff filed a “FORMAL COMPLAINT” on September 27, 2023—along with additional
complaints on October 17 and 20, 2023—elaborating upon the allegations against Sergeant Hunt.
Without holding a hearing, the trial court granted defendant’s motion. The court determined that
summary disposition was warranted under MCR 2.116(C)(8) because (1) plaintiff never responded
to defendant’s motion by the court’s dispositive deadline and (2) plaintiff “merely asserts
conclusions, unsupported by allegations of fact, and as such, the complaint does not suffice to state
a cause of action.” The court, citing MCR 2.115(B), also struck each of plaintiff’s complaints filed
after defendant moved for summary disposition because plaintiff “did not seek leave from the court
before submitting any of these additional complaints.” This appeal followed.
II. STANDARDS OF REVIEW
“This Court reviews a trial court’s decision regarding a motion to strike a pleading pursuant
to MCR 2.115 for an abuse of discretion.” Belle Isle Grill Corp v Detroit, 256 Mich App 463,
469; 666 NW2d 271 (2003). “A trial court abuses its discretion when it chooses an outcome that
falls outside the range of reasonable and principled outcomes.” Cove Creek Condo Ass’n v Vistal
Land & Home Dev, LLC, 330 Mich App 679, 707; 950 NW2d 502 (2019). This Court reviews the
interpretation of court rules de novo. Acorn Investment Co v Mich Basic Prop Ins Ass’n, 495 Mich
338, 348; 852 NW2d 22 (2014).
This Court reviews a trial court’s decision on a motion for summary disposition de novo.
El-Khalil v Oakwood Healthcare, Inc, 504 Mich 152, 159; 934 NW2d 665 (2019). “A motion
under MCR 2.116(C)(8) tests the legal sufficiency of a claim based on the factual allegations in
the complaint.” Id. “When considering such a motion, a trial court must accept all factual
allegations as true, deciding the motion on the pleadings alone.” Id. at 160. “A motion under
MCR 2.116(C)(8) may only be granted when a claim is so clearly unenforceable that no factual
development could possibly justify recovery.” Id.
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III. ANALYSIS
As an initial matter, plaintiff’s brief on appeal presents 17 issues for this Court’s
consideration that are unclear, duplicative, and—like his single argument under all the questions
presented—ultimately fail to address the actual basis of the trial court’s order in this case.
Specifically, neither plaintiff’s statement of issues presented nor his substantive argument address,
or even mention, the actual basis of the trial court’s ruling: whether defendant was entitled to
summary disposition under MCR 2.116(C)(8) because plaintiff’s claim was legally deficient and,
relatedly, whether the court should have stricken his additional complaints. See Derderian v
Genesys Health Care Sys, 263 Mich App 364, 381; 689 NW2d 145 (2004) (“When an appellant
fails to dispute the basis of the trial court’s ruling, this Court . . . need not even consider
granting . . . the relief [sought].”) (quotation marks and citation omitted; first omission in original);
see also Roberts & Son Contracting, Inc v North Oakland Dev Corp, 163 Mich App 109, 113; 413
NW2d 744 (1987) (“Since counsel has failed to address an issue which necessarily must be
reached, the relief he seeks . . . may not be granted.”) In any case, the trial court’s ruling is
affirmed.
A. STRICKEN COMPLAINTS
The trial court struck, citing MCR 2.115(B), all but two complaints plaintiff filed, and only
considered those initially filed on August 2, 2023. This decision was within the range of
reasonable and principled outcomes.
MCR 2.115(B), which governs motions to strike, provides:
On motion by a party or on the court’s own initiative, the court may strike from a
pleading redundant, immaterial, impertinent, scandalous, or indecent matter, or
may strike all or part of a pleading not drawn in conformity with these rules.
MCR 2.118(A) governs amended pleadings and provides, in relevant part:
(1) A party may amend a pleading once as a matter of course within 14 days
after being served with a responsive pleading by an adverse party, or within 14 days
after serving the pleading if it does not require a responsive pleading.
(2) Except as provided in subrule (A)(1), a party may amend a pleading only
by leave of the court or by written consent of the adverse party. Leave shall be
freely given when justice so requires.
Relatedly, under MCR 2.116(I)(5), “[i]f the grounds asserted [for summary disposition] are based
on subrule (C)(8), (9), or (10), the court shall give the parties an opportunity to amend their
pleadings as provided by MCR 2.118, unless the evidence then before the court shows that
amendment would not be justified.”
MCR 2.118(A)(1) permits a party to “amend a pleading once as a matter of course within
14 days after being served with a responsive pleading by an adverse party[.]” Ligons v Crittenton
Hosp, 490 Mich 61, 80; 803 NW2d 271 (2011) (quotation marks and citation omitted). But MCR
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2.110(A) specifies that the term “pleading” includes only a complaint, a cross-complaint, a
counterclaim, a third-party complaint, an answer, and a reply to an answer, and states that “[no]
other pleading is allowed.” “[W]hen a court rule specifically defines a given term, that definition
alone controls.” Ligons, 490 Mich at 81 (quotation marks and citation omitted). Defendant’s
motion for summary disposition, therefore, was not a responsive pleading. See also Huntington
Woods v Ajax Paving Indus, Inc, 179 Mich App 600, 601; 446 NW2d 331 (19891) (the defendant’s
motion for summary disposition was not a responsive pleading). Accordingly, plaintiff’s right as
a matter of course to amend his complaint under MCR 2.118(A)(1) was not triggered by defendant
moving for summary disposition of plaintiff’s claims set forth in his original August 2, 2023
complaints. Plaintiff’s later filings, all made without leave to amend, did not comport with the
requirements of MCR 2.118(A)(1). The trial court, therefore, did not abuse its discretion by
striking plaintiff’s improperly filed amended complaints.
We acknowledge that pro se litigants are allowed some leniency in pursuing their claims.
Haines v Kerner, 404 US 519, 520; 92 S Ct 594; 30 L Ed 2d 652 (1972) (observing that allegations
in a pro se complaint are held “to less stringent standards than formal pleadings drafted by
lawyers”). But this leniency is not without limits, and pro se parties must still abide by the court
rules. Bachor v Detroit, 49 Mich App 507, 512; 212 NW2d 302 (1973). Ignorance of the law is
no excuse even for pro se litigants. Spohn v Van Dyke Pub Sch, 296 Mich App 470, 488; 822
NW2d 239 (2012). Ultimately, we conclude, for the reasons stated earlier, that the trial court did
not abuse its discretion by striking plaintiff’s later complaints.
B. SUMMARY DISPOSITION
The trial court properly granted summary disposition for defendant. Concerning MCR
2.116(C)(8) motions, “[a] mere statement of a pleader’s conclusions and statements of law,
unsupported by allegations of fact, will not suffice to state a cause of action.” Varela v Spanski,
329 Mich App 58, 79; 941 NW2d 60 (2019). Here, plaintiff’s August 2, 2023 complaints included
no factual allegations whatsoever, nor even any clear statements of law. Rather, plaintiff merely
presented a string of apparent, hard-to-follow conclusions devoid of any, even minimal, factual or
legal explanation. Given plaintiff’s failing, summary disposition was warranted under MCR
2.116(C)(8).
Further, the court rules grant the trial court the authority to issue a scheduling order if “such
an order would facilitate the progress of the case.” MCR 2.401(B)(2)(a). The trial court has the
authority to schedule a summary disposition hearing and the dates for filing briefs to a time frame
that differs from the standard period set forth in the court rules. MCR 2.116(G)(1)(a). And the
1
Although this Court is not required to follow cases decided before November 1, 1990, see MCR
7.215(J)(1), a published case decided by this Court “has precedential effect under the rule of stare
decisis,” MCR 7.215(C)(2). See also Woodring v Phoenix Ins Co, 325 Mich App 108, 114-115;
923 NW2d 607 (2018) (stating that although this Court is not “strictly required to follow
uncontradicted opinions from this Court decided before November 1, 1990,” those opinions are
nonetheless “considered to be precedent and entitled to significantly greater deference than are
unpublished cases.”).
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trial court has the discretion to decline to entertain pleadings filed beyond the stated deadline. See
Flanagin v Kalkaska Co Rd Comm, 319 Mich App 633, 640; 904 NW2d 427 (2017); Kemerko
Clawson LLC v RXIV Inc, 269 Mich App 347, 349; 711 NW2d 801 (2005). This discretion
“promotes the efficient management of the trial court’s docket,” and an alternate construction
would “severely curtail the trial court’s ability to manage its docket through the use of scheduling
orders.” Id. at 350-351.
Here, the trial court issued a summary disposition scheduling order that directed plaintiff
to file a response by October 18, 2023, but plaintiff failed to do so. Given the complete failure of
plaintiff to ever respond to defendant’s motion, as well as plaintiff’s failure to ever address this
matter on appeal, we cannot conclude that the trial court abused its discretion by granting
defendant’s motion for summary disposition based on plaintiff failing to adhere to the scheduling
order; an order which, in turn, characterized the failure to respond as essentially consenting to the
moving party’s requested relief. See id. at 349.
Finally, much of plaintiff’s argument, and indeed the totality of his requested relief on
appeal, actually relates to his separate, ongoing criminal case in the circuit court (and somewhat
to a closed probate case in Wayne County2). See Worker’s Compensation Agency Director v
MacDonald’s Indus Prods, Inc (On Reconsideration), 305 Mich App 460, 474-475; 853 NW2d
467 (2014) (“It is well established in Michigan that, assuming competent jurisdiction, a party
cannot use a second proceeding to attack a tribunal’s decision in a previous proceeding”; these
“collateral attacks” are generally prohibited.). Accordingly, although what issues have been
decided at this point in plaintiff’s criminal case is unclear from the available record, it is clear he
is attempting to use this case largely as a vehicle to challenge rulings and prevent further adverse
proceedings in the separate criminal case—and to challenge his prior unrelated probate
proceedings—rather than seeking appropriate civil remedies for Sergeant Hunt’s alleged
misconduct.
Relatedly, to the extent plaintiff claims Sergeant Hunt perjured himself at the preliminary
examination in plaintiff’s related criminal case, this was not a proper claim before the trial court
in the instant action. Importantly, perjury in obtaining a judgment is considered intrinsic fraud
and, because a “litigant confronted with perjury in court has the opportunity to rebut the perjured
testimony through his [or her] own case,” cannot serve as the basis for an independent action.
Rogoski v Muskegon, 107 Mich App 730, 736-737; 309 NW2d 718 (1981) (“This does not mean
that a litigant is never entitled to relief from a judgment obtained by intrinsic fraud. However, this
2
The probate case cited by plaintiff involved orders for him to seek mental health treatment in
2017 and 2019, and the case is closed following numerous unsuccessful appeals to this Court and
the Supreme Court.
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relief cannot be by independent action but, rather, must be by motion in the case in which the
adverse judgment was rendered.”).
Affirmed.
/s/ Mark J. Cavanagh
/s/ Kirsten Frank Kelly
/s/ Michelle M. Rick
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