This case was last updated from U.S. District Courts on 08/27/2022 at 08:15:07 (UTC).

Mueller et al v. Oxford Community School District et al

Case Summary

On June 27, 2022, Matthew and Mary Mueller (collectively, “Plaintiffs”), represented by Lisa M. Esser and Matthew L. Turner of Sommers Schwartz, P.C., filed a civil rights lawsuit against, Oxford Community School District (“OCSD”), Shaw Hopkins, Nicholas Ejak, Timothy Throne, and Steven Wolf (collectively, “Defendants”), seeking damages, and injunctive and declaratory relief for the defendants’ alleged State-Created Danger and violation of the Michigan Constitution. This case was filed in the U.S. District Court for the Eastern District of Michigan with Judges Terrence G. Berg and Anthony P. Patti Presiding. 

In the complaint, the plaintiffs stated, “Eliminating or minimizing the risk of gun violence in schools is an essential part of the duties of school administrators, teachers, and counselors as a matter of state and federal law.”

Plaintiffs alleged, “In the months leading up to the shooting, E.C. was known to Oxford High School and OCSD teachers, counselors, and administrators for his concerning behavior that indicated psychiatric distress, suicidality, and the possibility of child abuse or neglect.”

Plaintiffs further alleged, “Acme knowingly violated one or more state and/or federal statutes -- including some or all of the statutes listed above – and/or its duty of reasonable care, by completing a straw sale of the Sig Sauer 9 mm semi-automatic handgun (“the Acme gun”) ultimately used by E.C. in the Oxford High School shooting to James Crumbley despite actual or constructive knowledge that James Crumbley was straw purchasing the Acme gun for E.C.”

Plaintiffs then alleged, “E.C. did not deny Hopkins’ assertion that his drawing did not depict a video game. Rather, Hopkins observed E.C.’s demeanor visible change and, in Hopkins’s words, E.C. “became sad . . . He started pushing more in his speech. He then described some [upsetting] things that had happened recently in his life,” including the death of a family dog, the death of a grandparent, and the loss of a close friend who had to leave school.”

Plaintiffs also alleged that “Hopkins and Ejak, despite knowing that E.C. was suicidal and was a threat to himself in spite of his statement to the contrary,78 concealed those facts from E.C.’s teachers as well as the school’s liaison police officer, and further concealed both the fact that E.C. should not be left alone and the threat he posed to himself and others.”

Plaintiffs additionally alleged, “By giving E.C. the unsearched backpack containing the gun and ammunition, and releasing him from the confines of the counseling office and returning him to the classroom and the general school population, Hopkins and Ejak affirmatively set into motion the sequence of events that lead to the shooting that ensued, with deliberate indifference to the substantial and obvious threat of a school shooting, and with recklessness demonstrating deliberate indifference and a substantial lack of concern for whether an injury resulted, either to E.C. or to the students and staff of Oxford High School.”

Plaintiffs listed six claims for relief, including the alleged State-Created Danger – Monell Liability and Deliberate Indifference, violation of the Michigan Constitution, and Gross Negligence, among other claims. 

In the prayer for relief, the plaintiffs requested a judgment granting injunctive and declaratory relief and an award for damages with costs of the litigation. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-11448

  • Filing Date:

    06/28/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Presiding Judge

Mark A. Goldsmith

Referral Judge

Anthony P. Patti

 

Party Details

Plaintiffs

Matthew Mueller

Mary Mueller

E.M.

Defendants

Oxford Community School District

Shawn Hopkins

Nicholas Ejak

Timothy Throne

Steven Wolf

Kenneth Weaver

Acme Shooting Goods, LLC

Interested Parties

Deborah L Gordon

Scott Weidenfeller

Wolfgang Mueller

Milica Filipovic

Attorney/Law Firm Details

Plaintiff Attorneys

Erin C. Davis

Lisa M. Esser

Matthew L. Turner

Defendant Attorneys

Annabel F. Shea

John L. Miller

Kenneth B. Chapie

Timothy J. Mullins

Donovan Solanus Asmar

Thomas J. Rheaume, Jr.

Interested Party Attorneys

Deborah L. Gordon

Scott Weidenfeller

Wolf Mueller

Milica Filipovic

 

Court Documents

#34

(#34) NOTICE of Appearance by Milica Filipovic on behalf of Milica Filipovic. (Filipovic, Milica) (Entered: 08/26/2022)

#33

(#33) ORDER Regarding Pre-Facilitation Discovery Between Defendant ACME Shooting Goods, LLC and Plaintiff Mueller. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 08/26/2022)

#32

(#32) NOTICE of Appearance by Wolf Mueller on behalf of Wolfgang Mueller. (Mueller, Wolf) (Entered: 08/24/2022)

#31

(#31) NOTICE of Appearance by Scott Weidenfeller on behalf of Scott Weidenfeller. (Weidenfeller, Scott) (Entered: 08/24/2022)

#30

(#30) NOTICE of Appearance by Deborah L. Gordon on behalf of Deborah L Gordon. (Gordon, Deborah) (Entered: 08/24/2022)

29 #1

Exhibit Case Management Order - Pre Facilitation Discovery

29 #29

Main Document

#28

(#28) ORDER Regarding Coordination of Related Cases. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 08/23/2022)

#27

(#27) CASE MANAGEMENT ORDER PRE-FACILITATION DISCOVERY. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 08/23/2022)

#9

(#9) WAIVER OF SERVICE Returned Executed. Kenneth Weaver waiver sent on 7/8/2022, answer due 9/6/2022. (Turner, Matthew) (Entered: 07/08/2022)

#8

(#8) WAIVER OF SERVICE Returned Executed. Timothy Throne waiver sent on 7/8/2022, answer due 9/6/2022. (Turner, Matthew) (Entered: 07/08/2022)

#7

(#7) WAIVER OF SERVICE Returned Executed. Oxford Community School District waiver sent on 7/8/2022, answer due 9/6/2022. (Turner, Matthew) (Entered: 07/08/2022)

#6

(#6) WAIVER OF SERVICE Returned Executed. Shawn Hopkins waiver sent on 7/8/2022, answer due 9/6/2022. (Turner, Matthew) (Entered: 07/08/2022)

#5

(#5) WAIVER OF SERVICE Returned Executed. Nicholas Ejak waiver sent on 7/8/2022, answer due 9/6/2022. (Turner, Matthew) (Entered: 07/08/2022)

#4

(#4) ORDER REASSIGNING CASE from District Judge Terrence G. Berg to District Judge Mark A. Goldsmith. (NAhm) (Entered: 07/08/2022)

#3

(#3) SUMMONS Issued for * All Defendants * (LGra) (Entered: 06/29/2022)

#2

(#2) NOTICE of Appearance by Lisa M. Esser on behalf of All Plaintiffs. (Esser, Lisa) (Entered: 06/28/2022)

#1

(#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8961776 - Fee: $ 402. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [Previously dismissed case: No] [Possible companion case(s): U.S. District Court Eastern District of Michigan, 2:21-cv-12871, Judge Mark A. Goldsmith] (Turner, Matthew) (Entered: 06/28/2022)

25 More Documents Available
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Docket Entries

  • 08/26/2022
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  • Docket(#34) NOTICE of Appearance by Milica Filipovic on behalf of Milica Filipovic. (Filipovic, Milica) (Entered: 08/26/2022)

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  • 08/26/2022
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  • Docket(#33) ORDER Regarding Pre-Facilitation Discovery Between Defendant ACME Shooting Goods, LLC and Plaintiff Mueller. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 08/26/2022)

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  • 08/24/2022
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  • Docket(#32) NOTICE of Appearance by Wolf Mueller on behalf of Wolfgang Mueller. (Mueller, Wolf) (Entered: 08/24/2022)

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  • 08/24/2022
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  • Docket(#31) NOTICE of Appearance by Scott Weidenfeller on behalf of Scott Weidenfeller. (Weidenfeller, Scott) (Entered: 08/24/2022)

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  • 08/24/2022
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  • Docket(#30) NOTICE of Appearance by Deborah L. Gordon on behalf of Deborah L Gordon. (Gordon, Deborah) (Entered: 08/24/2022)

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  • 08/23/2022
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  • Docket(#29) JOINT STATEMENT of Updated Joint Statement Regarding Coordination of Discovery for Facilitation between Plaintiff Mueller and Defendant Acme Shooting Goods, LLC by Acme Shooting Goods, LLC (Attachments: #1 Exhibit Case Management Order - Pre Facilitation Discovery) (Asmar, Donovan) (Entered: 08/23/2022)

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  • 08/23/2022
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  • Docket(#28) ORDER Regarding Coordination of Related Cases. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 08/23/2022)

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  • 08/23/2022
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  • Docket(#27) CASE MANAGEMENT ORDER PRE-FACILITATION DISCOVERY. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 08/23/2022)

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  • 08/18/2022

  • DocketMinute Entry for telephonic proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 8/18/2022 (Court Reporter: None Present, Not on the Record) (KSan) (Entered: 08/18/2022)

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  • 08/16/2022
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  • Docket(#26) Joint STATEMENT of Re Coordination of Discovery for Facilitation Between Acme Shooting Goods and PL Mueller by All Plaintiffs (Attachments: #1 Exhibit 1 - Case Management Order Pre-Facilitation Discovery) (Turner, Matthew) (Entered: 08/16/2022)

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18 More Docket Entries
  • 07/08/2022
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  • Docket(#9) WAIVER OF SERVICE Returned Executed. Kenneth Weaver waiver sent on 7/8/2022, answer due 9/6/2022. (Turner, Matthew) (Entered: 07/08/2022)

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  • 07/08/2022
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  • Docket(#8) WAIVER OF SERVICE Returned Executed. Timothy Throne waiver sent on 7/8/2022, answer due 9/6/2022. (Turner, Matthew) (Entered: 07/08/2022)

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  • 07/08/2022
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  • Docket(#7) WAIVER OF SERVICE Returned Executed. Oxford Community School District waiver sent on 7/8/2022, answer due 9/6/2022. (Turner, Matthew) (Entered: 07/08/2022)

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  • 07/08/2022
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  • Docket(#6) WAIVER OF SERVICE Returned Executed. Shawn Hopkins waiver sent on 7/8/2022, answer due 9/6/2022. (Turner, Matthew) (Entered: 07/08/2022)

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  • 07/08/2022
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  • Docket(#5) WAIVER OF SERVICE Returned Executed. Nicholas Ejak waiver sent on 7/8/2022, answer due 9/6/2022. (Turner, Matthew) (Entered: 07/08/2022)

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  • 07/08/2022
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  • Docket(#4) ORDER REASSIGNING CASE from District Judge Terrence G. Berg to District Judge Mark A. Goldsmith. (NAhm) (Entered: 07/08/2022)

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  • 06/29/2022
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  • Docket(#3) SUMMONS Issued for * All Defendants * (LGra) (Entered: 06/29/2022)

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  • 06/29/2022

  • DocketA United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (LGra) (Entered: 06/29/2022)

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  • 06/28/2022
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  • Docket(#2) NOTICE of Appearance by Lisa M. Esser on behalf of All Plaintiffs. (Esser, Lisa) (Entered: 06/28/2022)

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  • 06/28/2022
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  • Docket(#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8961776 - Fee: $ 402. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [Previously dismissed case: No] [Possible companion case(s): U.S. District Court Eastern District of Michigan, 2:21-cv-12871, Judge Mark A. Goldsmith] (Turner, Matthew) (Entered: 06/28/2022)

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