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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

GREGORY HOXIE, 

 Plaintiff, 

vs File No: 

 Hon. 

LIVINGSTON COUNTY, SHERIFF ROBERT 

BEZOTTE, UNDERSHERIFF MICHAEL J. MURPHY, 

JAIL ADMINISTRATOR, LT. THOMAS CREMONTE, 

MATTHEW HOFFMAN, MATTHEW YOUNG, CHERYL MIKS 

 Defendants. 

____________________________/ 

Grant W. Parsons (P38214) 

Jennifer R. Berry (P67665) 

Parsons Ringsmuth Zelenock PLC 

Attorneys for Plaintiff 

520 W. Union, P.O. Box 1710 

Traverse City, MI 49685-1710 

(231) 929-3113 

____________________________ 

COMPLAINT AND JURY DEMAND

NOW COMES Plaintiff, Gregory Hoxie, by and through his counsel, PARSONS 

RINGSMUTH ZELENOCK PLC, and complaint of Defendants as follows: 

PARTIES, JURISDICTION AND VENUE

1. Plaintiff, Gregory Hoxie, is a resident of Grand Traverse County, 

Michigan. 

2. Defendant Livingston County was at all pertinent times a political 

subdivision of the State of Michigan, the owner of the Livingston County Jail (“County 

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Jail”) and at all times relevant to this Complaint, through its Sheriff Robert “Bob” 

Bezotte, operated the County Jail. 

3. Defendant Livingston County Sheriff Bob Bezotte was at all times 

relevant to this Complaint the Sheriff of Livingston County, acting under the color of 

law, and was responsible for the operation of the County Jail. 

4. Defendant Livingston County Undersheriff Michael J. Murphy was at all 

times relevant to this Complaint the Undersheriff of Livingston County, acting under 

the color of law, and was responsible for the operation of the County Jail. 

5. Defendant Lieutenant Tom Cremonte was at all pertinent times acting 

under the color of law as Livingston County Sheriff’s Deputy and Jail Administrator for 

the Livingston County Jail. 

6. Defendant Matthew Young, Livingston County Badge # 382, was at all 

pertinent times acting under the color of law as a Livingston County Sheriff’s Deputy 

and a corrections officer for the Livingston County Jail. 

7. Defendant Matthew Hoffman, Livingston County Badge #376, was at all 

pertinent times acting under the color of law as a Livingston County Sheriff’s Deputy 

and a corrections officer for the Livingston County Jail. 

8. Defendant Cheryl Miks (Intake screening Officer 8-27-05), Livingston 

County Badge #218, was at all pertinent times acting under the color of law as a 

Livingston County Sheriff’s Deputy and a corrections officer for the Livingston County 

Jail. 

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9. Defendants John or Jane Does (unknown Defendants) were at all 

pertinent times acting under the color of law as a corrections officers in the County 

Jail. 

10. Venue is proper in the Eastern District of Michigan, where the events 

giving rise to this Complaint occurred. 

11. This case arises under Title 42 of the United States Code, §1983 and the 

Court has jurisdiction of this action under Title 28 of the United States Code, §1343 

and Title 28 of the United States Code, §1331; as well as pendent jurisdiction over 

related Michigan state law claims. 

COMMON ALLEGATIONS

12. Paragraphs 1-11 are incorporated and if fully stated herein by reference. 

13. On or about August 27, 2005, Plaintiff was “booked” and received a 

medical screening at the Livingston County Jail for a non-violent offense by Defendant 

Cheryl Miks. Plaintiff received no medical screen from Deputy Matthew Young, who 

attested Hoxie was in good physical health and mental health. 

14. During the time he was incarcerated at the County Jail, Plaintiff was 

classified as a medium security inmate. 

15. At approximately 2:54 p.m. on or about March 18, 2006, Plaintiff was 

placed in a “visiting booth” at the County Jail by one of the unknown Defendants John 

or Jane Doe. 

16. At the time he was placed in the “visiting booth”, the booth was also 

occupied by another inmate, Ryan C. Backus (“Backus”). Upon information and belief, 

Backus was classified as a maximum security inmate because he was known to have 

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violent tendencies and had a history of assaultive behaviors while incarcerated in the 

County Jail. 

17. Upon information and belief, Defendants were aware of the fact that 

Backus did not like the Plaintiff and that the Plaintiff was at risk of being assaulted by 

Backus. 

18. Almost immediately upon being placed in the “visiting booth”, Plaintiff 

was violently assaulted by Backus. 

19. As a result of the assault, Plaintiff sustained serious injuries including, 

but not limited to, facial fractures, broken nose and closed head injury. 

20. Upon information and belief, Corrections Officers knew that Plaintiff was 

disoriented and had obviously sustained serious injuries to his face and head. 

21. Over the next three and a half hours, Corrections Officers, upon 

information and belief, observed Plaintiff’s condition but no medical treatment was 

provided. 

22. Upon information and belief, when Plaintiff finally received medical 

attention, he only received general first aid for his injuries. 

23. Following the assault injuries, Plaintiff made numerous complaints to 

Defendants Corrections Officers, complaining of head pain. Similar written requests 

for follow up medical attention were made by Plaintiff to Defendants Corrections 

Officers and to County Jail medical personnel. 

24. On or about March 21, 2006, three days later, Plaintiff was finally 

transported to St. Joseph Mercy Livingston hospital for examination. That examination 

revealed that Plaintiff had sustained serious injuries to his head including: 

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 a. Facial fractures including a crushed eye socket and broken nose. 

25. Not until ten days later did Plaintiff have surgery to repair his nasal and 

facial fractures, but was returned to the jail without proper medical or rehabilitative 

care. 

26. Over the next two months, Plaintiff complained of worsening headaches, 

pain, dizziness, ringing in the ears, and other symptoms indicative of a worsening 

head injury. Defendants only administered over-the-counter nasal sprays and 

decongestants, despite Plaintiff’s obvious need for serious medical attention. 

27. Plaintiff’s condition was allowed to worsen gravely as a result of jail 

medical policies and inaction of Defendants. 

28. On or about May 19, 2006, it was recommended by local doctors, after a 

follow-up visit, that Plaintiff was suffering from Tinnitus, or ringing in the ears, and 

needed to follow up with physical medical and rehab physician. 

29. Instead of providing the prescribed care, Defendants discharged Plaintiff 

in the dead of the night at 12:30 a.m. on May 23, 2006, drove him to a remote part of 

town, and dropped Plaintiff off without a coat or any warm clothing in freezing 

temperatures and left him there without regard for his medical conditions. 

COUNT I

UNCONSTITUTIONAL POLICY AND PRACTICE OF DEFENDANTS LIVINGSTON 

COUNTY and SHERIFF BOB BEZOTTE – FAILURE TO CLASSIFY AND 

SEGREGATE INMATES 

 

30. Paragraphs 1-29 are incorporated by reference. 

31. At all pertinent times, Defendant Sheriff Bezotte, acting under the color of 

State law, had final authority to establish and enforce policies and practices on behalf 

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of Defendant Livingston County at the County Jail, including but not limited to 

establishing and/or implementing the following: 

A) Correct screening, classification and segregation of dangerous 

inmates based on recognized security risks and criteria to protect 

other inmates and jail staff; 

B) Adequate training of corrections officers, and specifically, training 

regarding management, segregation and supervision of 

dangerous inmates with high security classifications; 

C) Adequate supervision and response procedures for dangerous 

inmates manifesting violent tendencies. 

 

 32. Upon information and belief, at all times relevant hereto, dangerous 

inmates lodged in the County Jail are housed and permitted to interact with other 

inmates without regard to security classification or other factors that increase the risk 

of violent interactions between inmates. 

 33. At all relevant times hereto, Defendants Livingston County, Sheriff 

Bezotte and Jail Administrator Cremonte refused to an did not establish guidelines or 

adequate procedures for screening, classifying and segregating dangerous inmates to 

prevent violence between inmates; alternatively, if guidelines or procedures do exist, 

they are grossly inadequate to insure the proper classification, segregation and 

supervision of inmate interactions to protect inmates from assaults by other inmates. 

 34. Defendant Livingston County has various policies, practices and customs 

which subjected Plaintiff to the deprivation of his constitutional rights, including: 

A) Failure to provide correct and proper screening, classification, 

segregation and supervision of dangerous inmates with high 

security risks, which caused Plaintiff to be subjected to a brutal 

assault by another inmate; 

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B) Failure to provide adequate training of corrections officers, and 

specifically, training regarding management and supervision of 

dangerous inmates; 

C) Failed to provide adequate supervision and response procedures 

for assaults and batteries committed by inmates with violent 

tendencies. 

35. As a direct and proximate result of conduct, acts and omissions of the 

Defendants Livingston County and Sheriff Bezotte, the Plaintiff was violently assaulted 

by inmate Ryan Backus, who was known to have violent tendencies and, upon 

information and belief, was known to be hostile towards the Plaintiff. 

36. As a direct and proximate result of Defendants Livingston County’s and 

Sheriff Bezotte’s deliberate indifference and gross negligence, Plaintiff suffered the 

following damages: 

A) facial lacerations and fractures, including a broken nose and 

crushed eye socket; 

B) closed head injury and brain trauma, including memory loss and 

 blurred vision; 

C) Aggravated brain damage sequelae, including seizure disorder, 

 stuttering, and loss of cognitive function; 

D) pain and suffering; 

E) loss of earning capacity; and 

F) loss of enjoyment of life. 

WHEREFORE, Plaintiff respectfully requests the Court enter Judgment in favor 

of the Plaintiff pursuant to 42 U.S.C. 1983 and state governmental liability statutes, 

MCL 691.1407(2), and award Plaintiff compensatory damages for economic and 

noneconomic loss under federal and state law, together with punitive and 

compensatory damages, interest, costs and attorney fees pursuant to 42 U.S.C. 1988. 

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COUNT II

DELIBERATE INDIFFERENCE AND GROSS NEGLIGENCE OF 

DEFENDANTS LIVINGSTON COUNTY, SHERIFF BOB BEZOTTE AND JAIL 

ADMINISTRATOR, LIEUTENANT THOMAS CREMONTE- FAILURE TO CLASSIFY 

AND SEGREGATE INMATES 

37. Paragraphs 1-36 are incorporated by reference. 

38. At all pertinent times, Defendant Sheriff Bezotte and Lieutenant Thomas 

Cremonte, acting under the color of state law, had final authority to establish policies 

and practices on behalf of Defendant Livingston County at the County Jail, including 

but not limited to establishing and/or implementing the following: 

A) Correct screening, classification, segregation and supervision of 

dangerous inmates with violent tendencies or who otherwise 

presented security or safety risks to other inmates or Jail staff; 

 

B) Adequate training of corrections officers, and specifically, training 

regarding screening, classification, segregation and supervision of 

dangerous inmates with violent tendencies or who otherwise present 

security or safety risks to other inmates; 

C) Adequate supervision and response procedures for physical assaults 

by dangerous inmates. 

 

39. Defendants, despite a known risk and a clear need to act, were 

deliberately indifferent and grossly negligent in that they: 

A) Failed to provide correct and proper screening, classification, 

segregation and supervision of dangerous inmates to prevent 

physical attacks against other inmates, such as Plaintiff; 

 

B) Failed to provide adequate training of corrections officers, and 

specifically, training regarding screening, classification, segregation 

and supervision of dangerous inmates; 

C) Failed to provide adequate procedures to prevent and respond to 

assaults by inmates. 

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40. As a direct and proximate result of conduct, acts and omissions of the 

Defendants Livingston County, Sheriff Bezotte and Lieutenant Thomas Cremonte, the 

Plaintiff was violently assaulted by Backus, who was known to have violent tendencies 

and, upon information and belief, was known to be hostile towards the Plaintiff. 

41. As a direct and proximate result of Defendants Livingston County’s, 

Sheriff Bezotte’s and Lieutenant Cremonte’s deliberate indifference and gross 

negligence, Plaintiff suffered the following damages: 

A) facial lacerations and fractures, including a broken nose and 

crushed eye socket; 

B) closed head injury and brain trauma, including memory loss and 

 blurred vision; 

C) Aggravated brain damage sequelae, including seizure disorder, 

 stuttering, and loss of cognitive function; 

D) pain and suffering; 

E) loss of earning capacity; and 

F) loss of enjoyment of life. 

WHEREFORE, Plaintiff respectfully requests the Court enter Judgment in favor 

of the Plaintiff pursuant to 42 U.S.C. 1983 and State governmental liability statutes, 

MCL 691.1407(2), and award Plaintiff compensatory damages for economic and 

noneconomic loss under federal and state law, together with punitive and 

compensatory damages, interest, costs and attorney fees pursuant to 42 U.S.C. 1988. 

COUNT III

UNCONSTITUTIONAL POLICY AND PRACTICE OF DEFENDANTS LIVINGSTON 

COUNTY and SHERIFF BOB BEZOTTE – FAILURE TO PROVIDE ADEQUATE 

MEDICAL CARE FOR INMATES 

42. Paragraphs 1-41 are incorporated by reference. 

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43. At all pertinent times, Defendant Sheriff Bezotte, acting under the color of 

state law, had final authority to establish and enforce policies and practices on behalf 

of Defendant Livingston County at the County Jail, including but not limited to 

establishing and/or implementing the following: 

A) Correct medical screening and classification of inmates with head 

injuries or other medical problems, such as Plaintiff; 

B) Provision of adequate medical health care; 

C) Provision of adequate hiring and training of County Jail staff, 

medical personnel and professionals; 

D) Adequate training of corrections officers, and specifically, training 

regarding management and treatment of inmates with head 

injuries and other medical problems; 

E) Adequate response procedures for inmates manifesting 

symptoms of serious medical problems; and 

F) The enforcement of existing procedures regarding management 

and treatment of inmates with head injuries and other medical 

problems and for inmates manifesting symptoms of serious 

medical problems. 

 

 44. At all relevant times hereto, Defendants Livingston County, Sheriff 

Bezotte and Jail Administrator Cremonte refused to and did not establish guidelines or 

adequate procedures for providing adequate medical care for inmates or training for 

their officers to adequately respond to inmates manifesting symptoms of serious 

medical problems; alternatively, if guidelines or procedures do exist, they are grossly 

inadequate to insure the proper medical care for inmates or training for officers. 

 45. Defendant Livingston County has various policies, practices and customs 

which subjected Plaintiff to the deprivation of his constitutional rights, including: 

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G) Failure to provide correct and proper medical screening and 

classification of inmates with head injuries or other medical 

problems such as Plaintiff; 

H) Failure to provide adequate medical health care; 

I) Failure to provide adequate hiring and training of County Jail staff, 

medical personnel and professionals; 

J) Failure to provide adequate training of corrections officers, and 

specifically, training regarding management and treatment of 

inmates with head injuries and other medical problems; 

K) Failure to provide adequate response procedures for inmates 

manifesting symptoms of serious medical problems; and 

L) Failed to enforce and implement existing procedures regarding 

management and treatment of inmates with head injuries and 

other medical problems and for inmates manifesting symptoms of 

serious medical problems. 

46. As a direct and proximate result of conduct, acts and omissions of the 

Defendants Livingston County and Sheriff Bezotte, 

A) facial lacerations and fractures, including a broken nose and 

crushed eye socket; 

B) closed head injury and brain trauma, including memory loss and 

 blurred vision; 

C) Aggravated brain damage sequelae, including seizure disorder, 

 stuttering, and loss of cognitive function; 

D) pain and suffering; 

E) loss of earning capacity; and 

F) loss of enjoyment of life. 

WHEREFORE, Plaintiff respectfully requests the Court enter Judgment in favor 

of the Plaintiff pursuant to 42 U.S.C. 1983 and State governmental liability statutes, 

MCL 691.1407(2), and award Plaintiff compensatory damages for economic and 

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noneconomic loss under federal and state law, together with punitive and 

compensatory damages, interest, costs and attorney fees pursuant to 42 U.S.C. 1988. 

COUNT IV

DELIBERATE INDIFFERENCE AND GROSS NEGLIGENCE OF DEFENDANTS 

LIVINGSTON COUNTY, SHERIFF BOB BEZOTTE AND JAIL ADMINISTRATOR 

LIEUTENANT THOMAS CREMONTE 

 

47. Paragraphs 1-46 are incorporated by reference. 

48. At all pertinent times, Defendants Sheriff Bezotte and Lieutenant 

Cremonte, acting under the color of state law, had authority to establish and/or 

implement policies and standards on behalf of Defendant Livingston County at the 

County Jail, including but not limited to establishing and/or implementing the following: 

M) Correct medical screening and classification of inmates with head 

injuries or other medical problems, such as Plaintiff; 

N) Provision of adequate medical health care; 

O) Provision of adequate hiring and training of County Jail staff, 

medical personnel and professionals; 

P) Adequate training of corrections officers, and specifically, training 

regarding management and treatment of inmates with head 

injuries and other medical problems; 

Q) Adequate response procedures for inmates manifesting 

symptoms of serious medical problems; and 

R) The enforcement of existing procedures regarding management 

and treatment of inmates with head injuries and other medical 

problems and for inmates manifesting symptoms of serious 

medical problems. 

 

49. Defendants Sheriff Bezotte and Lieutenant Thomas Cremonte, despite a 

known risk and a clear need to act, were deliberately indifferent and grossly negligent 

in that they: 

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A) Failed to provide correct and proper medical screening and 

classification of inmates with head injuries or other medical 

problems, such as Plaintiff; 

B) Failed to provide adequate medical health care; 

C) Failed to provide adequate hiring and training of County Jail staff, 

medical personnel and professionals; 

D) Failed to provide adequate training of corrections officers, and 

specifically, training regarding management and treatment of 

inmates with head injuries and other medical problems; 

E) Failed to provide adequate response procedures for inmates 

manifesting symptoms of serious medical problems; and 

F) Failed to enforce and implement existing procedures regarding 

management and treatment of inmates with head injuries and 

other medical problems and for inmates manifesting symptoms of 

serious medical problems. 

50. As a direct and proximate result of Defendants Sheriff Bezotte’s and 

Lieutenant Cremonte’s deliberate indifference and gross negligence, Plaintiff suffered 

the following damages: 

A) facial lacerations and fractures, including a broken nose and 

crushed eye socket; 

B) closed head injury, including memory loss and blurred vision and 

 permanent brain damage; 

C) pain and suffering; 

D) loss of earning capacity; and 

E) loss of enjoyment of life. 

WHEREFORE, Plaintiff respectfully requests the Court enter Judgment in favor 

of the Plaintiff pursuant to 42 U.S.C. 1983 and State governmental liability statutes, 

MCL 691.1407(2), and award Plaintiff compensatory damages for economic and 

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noneconomic loss under federal and state law, together with punitive and 

compensatory damages, interest, costs and attorney fees pursuant to 42 U.S.C. 1988. 

COUNT IV

DELIBERATE INDIFFERENCE AND GROSS NEGLIGENCE OF DEFENDANTS 

“UNKNOWN CORRECTIONS OFFICERS” TO BE IDENTIFIED 

 

51. Paragraphs 1-50 are incorporated by reference. 

52. Defendants “Unknown Corrections Officers” (to be identified), knew that 

Plaintiff needed medical attention and that he faced a strong and substantial risk of 

harm if he was denied medical treatment, because inter alia they observed and/or 

knew that he had suffered serious injuries to his face and skull; and they observed 

and/or knew that he was in extreme pain and was complaining of headaches and 

blurred vision, and ringing in his ears. 

53. Due to their specific knowledge of the risk of harm and physical custody 

of Plaintiff, Defendants “Unknown Corrections Officers” had a “special relationship” 

with Plaintiff. 

54. Defendants “Unknown Corrections Officers” were deliberately indifferent 

and grossly negligent in that they: 

A) Failed to provide Plaintiff with prompt and appropriate medical 

care; 

B) Failed to follow Livingston County’s and the County Jail’s policies 

and procedures regarding providing prompt and appropriate 

medical care to head injured inmates and inmates manifesting 

symptoms of serious medical problems; 

C) Failed to contact and summon medical professionals to assist and 

treat Plaintiff; 

D) Failed to refer Plaintiff to appropriate specialists to diagnose and 

treat Plaintiff’s closed head injury. 

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55. As a direct and proximate result of Defendants’ deliberate indifference 

and gross negligence, Plaintiff suffered the following damages: 

A) closed head injury with memory loss and blurred vision; 

B) pain and suffering; 

C) loss of earning capacity; 

D) loss of enjoyment of life. 

WHEREFORE, Plaintiff respectfully requests the Court enter Judgment in favor 

of the Plaintiff pursuant to 42 U.S.C. 1983 and State governmental liability statutes, 

MCL 691.1407(2), and award Plaintiff compensatory damages for economic and 

noneconomic loss under federal and state law, together with punitive and 

compensatory damages, interest, costs and attorney fees pursuant to 42 U.S.C. 1988. 

 By: __Grant W. Parsons_____ 

Dated: February 26, 2009 Grant W. Parsons 

 Parsons Ringsmuth Zelenock PLC 

 Attorneys for Plaintiffs 

 520 S. Union, P.O. Box 1710 

 Traverse City MI 49685-1710 

 (231) 929-3113 

 info@parsonsringsmuth.com 

 P38214 

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JURY DEMAND

 NOW COMES Plaintiff, by and through counsel, and hereby makes his demand 

for trial by jury in this matter. 

 By: __Grant W. Parsons_____ 

Dated: February 26, 2009 Grant W. Parsons 

 Parsons Ringsmuth Zelenock PLC 

 Attorneys for Plaintiffs 

 520 S. Union, P.O. Box 1710 

 Traverse City MI 49685-1710 

 (231) 929-3113 

 info@parsonsringsmuth.com 

 P38214 

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