02/18/2025
About 30 minutes ago I filed my lawsuit against Chris Swanson on the courts website to hold him and his Sheriff’s department accountable for covering up abuse happening at Whaley Children's Center
We have a process server that will be serving him on Monday morning. I will post another copy of my recording in the comments that proves the cover up. We need to pray that Swanson doesn’t get elected Governor, I can’t imagine how he would misuse that power.
Here is a full copy of the lawsuit:
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
ISAAC THOMAS,
Plaintiff,
v.
GENESEE COUNTY SHERIFF’S DEPARTMENT,
SHERIFF CHRIS SWANSON, in his individual and official capacity,
UNDERSHERIFF MICHAEL TOCARCHICK, in his individual and official capacity,
Defendants.
Case No.: [Leave Blank Until Assigned]
Judge: [Leave Blank Until Assigned]
PLAINTIFF’S COMPLAINT FOR VIOLATION OF CIVIL RIGHTS, NEGLIGENCE, AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
INTRODUCTION
1. Plaintiff Isaac Thomas brings this action under 42 U.S.C. § 1983 and Michigan state law to seek justice for the Genesee County Sheriff’s Department’s refusal to investigate his r**e report and their deliberate efforts to obstruct justice related to abuse at Whaley Children’s Center, a residential foster care facility.
2. On May 11, 2022, Plaintiff reported a sexual assault to the Genesee County Sheriff’s Department. Despite an initial interview with a detective, the department later refused to assign a case number, refused to investigate, and threatened Plaintiff for seeking justice.
3. Plaintiff recorded Undersheriff Michael Tocarchick stating that he would not open an investigation, calling Plaintiff “annoying” and warning that Plaintiff would “get in trouble” for continuing to report the abuse.
4. Plaintiff later spoke directly with Sheriff Chris Swanson, who refused to accept Plaintiff’s report or investigate Whaley Children’s Center, confirming that his undersheriff “acted appropriately.”
5. Defendants’ actions constitute a violation of Plaintiff’s constitutional rights, including denial of due process, obstruction of justice, and gross negligence.
JURISDICTION AND VENUE
6. This Court has federal question jurisdiction under 28 U.S.C. §§ 1331 and 1343(a)(3)-(4), as Plaintiff brings claims under 42 U.S.C. § 1983.
7. This Court has supplemental jurisdiction over Plaintiff’s state law claims under 28 U.S.C. § 1367.
8. Venue is proper under 28 U.S.C. § 1391(b) because the events occurred in Genesee County, Michigan, which is within the Eastern District of Michigan.
PARTIES
9. Plaintiff Isaac Thomas is an adult residing in Michigan and a survivor of childhood sexual abuse while in foster care at Whaley Children’s Center.
10. Defendant Genesee County Sheriff’s Department is a law enforcement agency responsible for investigating crimes in Genesee County, Michigan.
11. Defendant Sheriff Chris Swanson, acting under color of law, refused to investigate Plaintiff’s report or take action against Whaley Children’s Center.
12. Defendant Undersheriff Michael Tocarchick, acting under color of law, dismissed Plaintiff’s report, refused to assign a case number, and threatened Plaintiff for attempting to report his r**e.
STATEMENT OF FACTS
13. Plaintiff was sexually assaulted as a child while in foster care at Whaley Children’s Center in Michigan.
14. On May 11, 2022, Plaintiff reported the r**e to the Genesee County Sheriff’s Department and was initially interviewed by a detective.
15. Upon returning to request a case number, Plaintiff was confronted by Undersheriff Michael Tocarchick, who:
• Stated that Plaintiff was “being annoying” for trying to report the crime.
• Refused to open a case, stating the department “doesn’t believe anything is happening” at Whaley Children’s Center.
• Threatened Plaintiff, stating that he would “get in trouble” if he continued seeking justice.
16. Plaintiff later spoke with Sheriff Chris Swanson, who:
• Refused to accept the recording as evidence.
• Confirmed he would not investigate Whaley Children’s Center.
• Defended Tocarchick’s conduct, claiming it was appropriate.
17. At least 36 other children have reported similar abuse at Whaley Children’s Center.
18. Defendants’ actions obstructed justice, retraumatized Plaintiff, and denied him access to legal recourse.
CLAIMS FOR RELIEF
COUNT I – VIOLATION OF CIVIL RIGHTS (42 U.S.C. § 1983) – FAILURE TO INVESTIGATE
19. Plaintiff had a constitutional right under the Fourteenth Amendment to due process and equal protection under the law.
20. Defendants failed to investigate a violent crime, effectively denying Plaintiff access to justice.
21. This deliberate refusal to act constitutes a violation of Plaintiff’s civil rights under 42 U.S.C. § 1983.
COUNT II – CIVIL RIGHTS CONSPIRACY (42 U.S.C. § 1985)
22. Defendants Tocarchick and Swanson conspired to obstruct justice by refusing to investigate sexual abuse at Whaley Children’s Center.
23. Their actions protected a facility known for systemic abuse, causing direct harm to Plaintiff.
COUNT III – NEGLECT TO PREVENT CIVIL RIGHTS VIOLATIONS (42 U.S.C. § 1986)
24. Sheriff Swanson had knowledge that his undersheriff refused to investigate sexual abuse but failed to act.
25. Swanson’s failure to intervene enabled Tocarchick’s constitutional violations.
COUNT IV – VIOLATION OF MICHIGAN CRIME VICTIMS’ RIGHTS ACT (MCL 780.752)
26. Michigan law requires law enforcement to treat crime victims with fairness, dignity, and respect.
27. Defendants mocked, dismissed, and threatened Plaintiff, violating these statutory rights.
COUNT V – OBSTRUCTION OF JUSTICE (MCL 750.505)
28. Defendants knowingly obstructed a legitimate criminal investigation.
29. Their actions prevented a proper investigation into Whaley Children’s Center, harming Plaintiff and others.
COUNT VI – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (IIED)
30. Defendants’ conduct was extreme, outrageous, and beyond the bounds of human decency.
31. As a direct result, Plaintiff suffered severe emotional distress and trauma.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests:
1. Compensatory damages for emotional distress and suffering.
2. Punitive damages against Defendants for willful misconduct.
3. A federal investigation into Defendants’ misconduct.
4. Any other relief the Court deems just and proper.
Dated: 02/15/2025
Respectfully submitted,
Isaac Thomas
(810)493-4083
[email protected]
