United States District Court, E.D. Michigan, Southern Division
Stephanie Dawkins Davis, United States Magistrate Judge
AND ORDER OVERRULING PLAINTIFF'S OBJECTIONS TO REPORT
AND RECOMMENDATION , OVERRULING IN PART
AND SUSTAINING IN PART DEFENDANT'S
OBJECTIONS TO THE REPORT AND RECOMMENDATION [66,
67], ACCEPTING MAGISTRATE JUDGE DAWKINS
DAVIS'S RECOMMENDATION , GRANTING IN
PART AND DENYING IN PART DEFENDANT'S MOTION TO
DISMISS PURSUANT TO RULE 12(B)(6) ,
GRANTING DEFENDANT'S MOTION TO COMPEL
, AND DENYING DEFENDANT'S MOTION TO DISMISS
UNDER RULE 41(B)  AS MOOT
Gershwin A. Drain United States District Court Judge
matter is before the court on Defendant Michael
Bouchard's Motions to Dismiss [28, 35] and Motion to
Compel . Defendant Bouchard moves to dismiss pursuant to
Federal Rules of Civil Procedure 12(b)(6) and 41(b), as well
as to compel Plaintiff Ronald Mark Draughn to provide
discovery. See Dkt. Nos. 28, 32, 35.
Judge Stephanie Dawkins Davis issued a Report and
Recommendation that Defendant Bouchard's Motion to
Dismiss under Rule 12(b)(6) be granted in part and denied in
part, that his Motion to Dismiss under Rule 41(b) be denied
as moot, and that his Motion to Compel be granted. Dkt. No.
65. Both Defendant Bouchard and Plaintiff objected to
Magistrate Dawkins Davis's recommendation. See
Dkt. Nos. 66-67, 71.
reviewing the record, and the arguments put forth by the
parties, the Court will overrule the parties objections and
ACCEPT Magistrate Judge Dawkins Davis's Recommendation
, GRANT in part and DENY in part Defendant Bouchard's
Motion to Dismiss under Rule 12(b)(6) , GRANT Defendant
Bouchard's Motion to Compel , and DENY as moot
Defendant Bouchard's Motion to Dismiss under Rule 41(b)
November 8th, 2015, the Oak Park police arrested Plaintiff.
Dkt. No. 1, p. 3 (Pg. ID 3). Plaintiff alleges that at the
time of his arrest, he was suffering from several prior
injuries for which he was undergoing active treatment.
Id. He claims that he informed booking staff at the
Oak Park police station that he suffered from two herniated
discs, severe osteoarthritis, and degenerative bone disease
in his knees, feet, spine, and other parts of his body.
Id. at 3-4. He alleges that he also suffers from
hypertension and other illnesses. Id. at 4.
states that he informed the booking officer that he was on
medication for his illnesses and would suffer pain, a
worsening of his condition, and possibly death if he did not
receive his prescribed medications. Id. He alleges
that the booking officer stated that Plaintiff would need to
wait three days, until his arraignment and transportation to
Oakland County Jail to receive medical treatment and
medication. Id. At the Oak Park facility, Plaintiff
claims he was forced to sleep on the concrete floor for three
November 11, 2015, Plaintiff was transferred to the Oakland
County Jail, where he again had to sleep on the concrete
floor for two or three additional days in a “holding
cell/bullpen.” Id. Plaintiff alleges that he
informed several deputies at the Oakland County Jail that he
was ill and had not taken his prescribed medications in three
days. Id. at 4-5. He states that he was told he
could submit a written “kite” to medical staff
once he was moved from the holding cell to an upstairs cell
in approximately three to seven days. Id. at 5.
states that cockroaches and mice crawled on him while he was
sleeping on the concrete floor of the holding cell for the
following three days. Id. When he complained,
Plaintiff alleges he was told that he would be moved upstairs
in a few days. Id.
November 14, 2015, Plaintiff was moved from the holding cell
to a ten-man cell upstairs. Id. He claims that he
was told he had to sleep on the floor on a thin mattress.
Id. Plaintiff alleges he informed the deputies that
he was in pain and had not received his medication in nearly
a week. Id.
November 15, 2015, Plaintiff was called to the jail
healthcare station where he was allegedly told by a nurse
that he could not be given his pain medications because the
jail had a policy banning those specific medications.
Id. at 5-6. On Friday, December 11, 2015, Plaintiff
was again called out to the jail healthcare station, where a
physician allegedly told him the medical services contractor
had a policy of forbidding any of the medications prescribed
by his physician. Id. at 6.
14, 2016, an Oakland County jury found Plaintiff guilty of
felonious assault and four weapons charges from an offense
that took place on November 8, 2015. People v.
Draughn, No. 2015-256768 (Oakland Cnty. Cir. Ct. July
14, 2016) (unpublished). Plaintiff was sentenced on September
1, 2016 and is currently incarcerated at Lakeland
Correctional Facility. See Offender Tracking
Information System (OTIS) at
claims he filed numerous grievances while in jail, which have
either been destroyed by jail staff or gone unanswered. Dkt.
No. 1, p. 6 (Pg. Id. 6). Plaintiff argues that
defendants have shown deliberate indifference to his medical
needs, have permitted a vermin infestation in his cell, and
denied him hygiene products and changes of clothing.
Id. Plaintiff alleges that Defendant Bouchard is the
“supervising sheriff” of the facility where he
was housed and the deputies and medical staff are following
his express directives, policies, and orders, which have
deprived plaintiff of his constitutional rights. Id.