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Moralez v. Moore

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

March 21, 2018

ABELARDO MORALEZ, Plaintiff,
v.
MICHAEL SHANNON MOORE, et al., Defendant.

          Anthony P. Patti Magistrate Judge .

          OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION [102] AND GRANTING MOTIONS TO DISMISS [17, 18, 28, 31, 71, 75]

          LAURIE J. MICHELSON U.S. DISTRICT JUDGE.

         Abelardo Moralez keeps two homes. During the winter, Moralez says he lives at 729 Page Avenue, Jackson, Michigan. (R. 1, PID 5.) Come summer, he moves down the street to 705 Page Avenue. (Id.) Whatever the season, Moralez spends all year as a neighbor to Keeder's Show Bar (R. 1, PID 12) and Mooreski's Pub (R. PID 18). Moralez says Mooreski's Pub is not the best neighbor and a chief cause of this litigation.

         Moralez brought suit against thirteen defendants, and the Court referred all pretrial matters to Magistrate Judge Anthony Patti. All Defendants moved to dismiss and Magistrate Judge Patti issued a Report and Recommendation addressing twelve of the thirteen. He recommends granting the motions to dismiss. (R. 102, PID 748.) Moralez objected to the Report (R. 109), and the Court now turns to those objections.

         I.

         Starting in 2013, Moralez says Mooreski's patrons along with Mooreski's owners- Michael and Robert Moore-began to repeatedly harass him. (R. 1, PID 11-16.) The Moores, in particular, called Moralez a number of racial epithets, threatened to sexually assault him, threatened his life, and threw rocks or beer bottles at him. (R 1, PID 7, 11-16.) By 2015, the Moores had progressed to “molesting” Moralez in public places. (R. 1, PID 11.)

         Compounding the problem, Moralez says officers from the Jackson Police Department did nothing to stop the assaults. (Id.) Jackson police officers refused to conduct a criminal investigation into Moore and refused to arrest him despite Moralez's many complaints. (R. 1, PID 15-16.) The police response was so ineffectual, Moralez lodged complaints with the Michigan Attorney General's Office. (R. 1, PID 16.) Moralez also complained to the Michigan Liquor Control Commission about Mooreski's Pub. (Id.)

         In the summer of 2013, Moralez claims the assaults turned destructive. On July 5, 2013, Moralez called Jackson Police to report an attempted arson on his winter home. (R. 1, PID 18.) Moralez says he watched from 705 Page Avenue as Michael Moore, along with others, threw rocks and fireworks through the front window at 729 Page Avenue. (Id.) Police reports attached to the complaint confirm that someone tossed a rock and firework through the home's window, starting a small fire. (R. 1, PID 37-40.) And one night in 2015, after Moralez called police to report that Mooreski's Pub was serving liquor after hours, Moore and one of his bartenders threw a brick at 729 Page Avenue. (R. 1, PID 11.)

         So in December 2015, Moralez went to court to obtain a personal protection order against Michael Moore. (R. 1, PID 3.) But the request was denied. (Id.) Moralez claims a state judge issued an order preventing the clerk from issuing the protective order. The judge's order to the clerk, along with the clerk's denial of a protective order, led Moralez to petition Michigan's Judicial Tenure Commission to investigate the judge and the clerk. (R. 1, PID 28.) ya The investigation did not uncover any wrongdoing. (R. 1, PID 28.)

         Around the same time as the alleged assaults, Moralez says Michael and Robert Moore started filing false complaints about 729 Page Avenue. (R. 1, PID 5.) Moralez thinks the Moores filed the complaints to force Moralez to move away from the neighborhood. (R. 1, PID 5.) The complaints eventually led Jackson city inspectors to issue a blight citation for 729 Page Avenue. (R. 1, PID 42-44.) Moralez thinks the Moores bribed the city inspectors. (R. 1, PID 5.)

         The citations brought Moralez to court a second time, now before a judge in Jackson's Administrative Hearings Bureau. (R. 1, PID 24.) Moralez demanded a jury trial because he claimed the citations were all the result of Moore's conspiratorial devices. (R. 1, PID 5.) The court denied Moralez's request for a jury trial and fined him $2, 510 for the blight violation. (R. 1, PID 24.) A court order required Moralez to fix the house by July 2017. (Id.)

         To fix the house, 729 Page Avenue needed extensive repairs to the chimney, roof, and exterior. (R. 1, PID 5-10.) Moralez completed the exterior repairs (R. 1, PID 8) and in early 2017 received a permit to complete the chimney and roofing repairs (R. 1, PID 30, 31-35). But before Moralez could fix the roof, the Moores conducted a survey, possibly to build a fence around their property. (R. 1, PID 10.) After the surveyors left, Moralez says the Moores moved the surveyor's stakes 300 feet onto Moralez's property, stealing his land. (Id.) As a result, Moralez could not use a ladder large enough to reach 729 Page Avenue's roof. (Id.) The Moores also prevented Moralez's contractors from parking in Mooreski's lot. (R. 1, PID 9.) In the end, Moralez was unable to fix his roof. (R. 1, PID 11.)

         All of the above led Moralez to file suit in federal court, soon after the Jackson administrative court fined Moralez for the blight violation. (R. 1.) Moralez names thirteen defendants. (R. 1, PID 1.) Primarily, Moralez directs his claims at the Moores. But he also includes the state judge and clerk he says improperly denied a personal protective order, Michigan's Judicial Tenure Commission, an assistant attorney general, the Michigan Liquor Control Commission, Jackson Police Officers, Jackson City Officials, and a surveying company. (Id.)

         Moralez's complaint is difficult to decipher. In the main, Moralez says he brings suit under 42 U.S.C. § 1983, claiming that Jackson City Officials, police officers, and judges conspired with the Moores to violate Moralez's constitutional rights. (R. 1, PID 2.) Moralez's complaint also includes state-law claims. (See, ...


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