United States District Court, E.D. Michigan, Southern Division
Christopher Robinson, Plaintiff, Pro se, MANISTEE, MI.
For Stephen Andrews, Police Officer, Shawn Booth, Pittsfield Twp. Police Dept., Jim Maudlin, Police Officer, Defendants: G. Gus Morris, Gina U. Puzzuoli, McGraw Morris PC, Troy, MI.
For Michael Huges, Parole Agent, Michele R Spivey, Probation Supervisor, Cheryl Evans, Parole Agent, Ryan P Smith, Parole Agent, Joan Youkins, Former Deputy Director of Field Adm., Stephan Andrews, Police Officer, Michigan Dept. of Correction, John Rubitshum, Kyra Bennett, Parole Agent, Defendants: Allan J. Soros, Michigan Department of Attorney General Corrections Division, Lansing, MI.
Michael Hluchaniuk, United States Magistrate Judge. Linda V. Parker, United States District Judge.
REPORT AND RECOMMENDATION PLAINTIFF'S MOTIONS FOR INJUNCTIVE RELIEF (Dkt. 9, 12)
United States Magistrate Judge.
I. PROCEDURAL HISTORY
On May 19, 2014, plaintiff Charles Robinson, an inmate incarcerated by the Michigan Department of Corrections and currently confined at the Oaks Correctional Facility in Manistee, Michigan, brought this action under 42 U.S.C. § 1983, claiming a violation of his rights under the United States Constitution. (Dkt. 1). Plaintiff filed an amended complaint on July 2, 2014, adding two named defendants. (Dkt. 18). On September 10, 2014, District Judge Linda V. Parker referred this matter to the undersigned for all pretrial proceedings. (Dkt. 40). Plaintiff filed two motions with the Court for injunctive relief, both seeking to be transferred to federal protective custody and to be provided adequate medical care. (Dkt. 9, 12).
These motions are now ready for report and recommendation. For the reasons set forth below, the undersigned RECOMMENDS that plaintiff's motions for injunctive relief be DENIED in part as to his requests to be transferred to federal protective custody. By separate order, the undersigned will further direct defendants to respond to plaintiff's allegations in the motions that he is being denied adequate medical treatment and is entitled to injunctive relief.
II. FACTUAL BACKGROUND
A. Plaintiff's Complaint
Plaintiff, an inmate currently in the custody of the Michigan Department of Corrections (MDOC), brings this action under 42 U.S.C. § 1983, claiming a violation of his rights under the United States Constitution. (Dkt. 18). Plaintiff complains of " procedural due process violations" by defendants Michele Spivey, Cheryl Evans and Joan Youkins in 2005, that resulted in his return to prison. Plaintiff further complains that after he was paroled in 2011, he was forced to attend Sex Offender Therapy (SOT) and threatened to violate his parole if he did not attend. According to plaintiff's complaint, defendant Hughes used excessive force when plaintiff was arrested on April 19, 2013, including slamming him, face down, on a desk and putting handcuffs on too tight. Plaintiff alleges that defendants Andrews and Maudlin from the Pittsfield Police Department arrived on the scene and also used excessive force against plaintiff, resulting in a big cut on plaintiff's chin. Plaintiff claims that defendants interfered with him getting the medical treatment he needed for his injuries. Plaintiff complains that the MDOC officials further refused to properly treat his injuries and that he was denied medical treatment. Plaintiff alleges claims for (1) violation of his Fourth Amendment rights for unreasonable search and seizure on April 20, 2005 and April 23, 2013; (2) violation of his Fourteenth Amendment rights to due process leading to obtaining a " tainted conviction" on December 2, 2013; and (3) cruel and unusual punishment in violation of his Eighth Amendment rights by denying and delaying proper medical treatment and other hardships, including causing him to be in fear for his life.
B. Plaintiff's Motions (Dkt. 9, 12)
Plaintiff filed two motions seeking injunctive relief. Specifically, plaintiff seeks to " be put in federal custody for protection and to be treated for medical issues also for psychological treatment." (Dkt. 9, 12). Plaintiff claims that his safety is in great danger within the MDOC and there are rumors that there is a " hit" targeting plaintiff and that he thus needs to be transferred from the MDOC and be placed in federal protective custody. Plaintiff also complains that defendants have refused to treat him for injuries he suffered when he was allegedly assaulted by a police officer on April 23, 2013, and have refused to treat ...