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Richards v. McKee

United States District Court, E.D. Michigan, Southern Division

January 15, 2015

KYLE RICHARDS, Plaintiff,
v.
KEN MCKEE, et al., Defendants

Kyle Richards, Plaintiff, Pro se, IONIA, MI.

For Capau, Defendant: John A. Schapka, Macomb County Corporation Counsel Office, Mt. Clemens, MI.

MONA K. MAJZOUB, UNITED STATES MAGISTRATE JUDGE. DISTRICT JUDGE SEAN F. COX.

REPORT AND RECOMMENDATION

MONA K. MAJZOUB, UNITED STATES MAGISTRATE JUDGE

Plaintiff Kyle Richards, currently incarcerated at the Bellamy Creek Correctional Facility in Ionia, Michigan, filed this pro se civil rights action on September 19, 2012, against fifty Defendants alleging violations of 42 U.S.C. § 1983 and state law. (Docket no. 1.) All that remain are Plaintiff's claims against Defendant Scott Campau, a Correctional Deputy at the Macomb County Jail, and Defendant Warr, presumably an officer at the Bellamy Creek Correctional Facility.[1] Before the Court is Plaintiff's Motion for Summary Judgment. (Docket no. 80.) Defendant Campau filed a Response to Plaintiff's Motion. (Docket no. 81.) This action has been referred to the undersigned for all pretrial purposes. (Docket no. 78.) The undersigned dispenses with oral argument on the motion pursuant to Eastern District of Michigan Local Rule 7.1(f) and issues this Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B).

I. RECOMMENDATION

For the reasons that follow, the undersigned recommends that Plaintiff's Motion for Summary Judgment (docket no. 80) be DENIED.

II. REPORT

A. Background

Magistrate Judge Michelson summarized the facts of this matter and Plaintiff's allegations when she addressed Plaintiff's first Motion for Summary Judgment:

Plaintiff was arrested for bank robbery on January 7, 2011. (Compl. at Pg ID 20.) He was incarcerated at Macomb County Jail (" MCJ") from January 2011 to August 2011, when he was transferred to prison. (Compl. at Pg ID 13.) Defendant Campau was a correctional deputy at MCJ. (Compl. at Pg ID 4; Campau Aff. at ¶ 1.) These facts do not appear to be in dispute.
Plaintiff alleges that " Officer Campau ... frequently worked" in Plaintiff's unit. (Compl. at Pg ID 14.) It is not clear whether Campau disputes this.
The following allegations are disputed.
Plaintiff alleges that " already having a poor reputation with police, [he] had incurred mistreatment as soon as [he] arrived" at MCJ. (Compl. at Pg ID 13.) Plaintiff says that Campau and other officers " began encouraging other inmates to har[]ass [him] into giving an open confession to a past bank robbery [he] was charged with." (Dkt. 20, Richards Decl. at Pg ID 131.) He alleges that he continued to endure harassment and ill treatment by inmates throughout his eight months at MCJ. (Id. at Pg ID 13.) According to Plaintiff, " [o]ther inmates in Macomb County Jail were verbally and psychologically ...

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