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Alexander v. Calzetta

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

April 9, 2018

D'ANDRE ALEXANDER # 731077, Plaintiff
v.
NICHOLAS CALZETTA, FRED GOVERN, ERICA HUSS, DARRIN VIITALA, MANDI SALMI, KENNETH NIEMISTO, KRISTINE GIESEN, TERRY MEDEN, CHAD LaCOUNT, HANNA SAAD, DR. ROSEN, C/O WATKINS, C/O LEWIS, C/O LEE, C/O SLAUGHTER, C/O HOUSTON, DAPHNE M. JOHNSON and RICHARD IDEMUDIA Defendants.

          Mark A. Goldsmith District Judge.

          ORDER DENYING PLAINTIFF'S MOTION TO FILE A SUPPLEMENTAL COMPLAINT (DE 75)

          ANTHONY P. PATTI UNITED STATES MAGISTRATE JUDGE.

         I. BACKGROUND

         A. Procedural Background

         Plaintiff D'Andre Alexander (#731077) is currently incarcerated at the Michigan Department of Corrections (MDOC) Gus Harrison Correctional Facility (ARF) in Adrian, Michigan. See www.michigan.gov/corrections, “Offender Search.” On September 8, 2016, while incarcerated at Macomb Correctional Facility (MRF), Alexander filed the instant lawsuit against 18 defendants, who are described as follows:

nine (9) Defendants are associated with the MDOC's Marquette Branch Prison (MBP) (Calzetta, Govern, Giesen, Viitala, LaCount, Niemisto, Huss, Salmi and Meden),
eight (8) Defendants are associated with the MDOC's Woodland Center Correctional Facility (WCC) (Saad, Rosen, Watkins, Lewis, Lee, Slaughter, Houston and Idemudia), and
one (1) Defendant is associated with the MDOC's Office of Legal Affairs (Johnson).

(DE 1.) The facts underlying Plaintiffs complaint span the period from February 2, 2015, when Plaintiff was incarcerated at MBP, through February 2016, when Plaintiff was incarcerated at WCC, and Plaintiff alleges violations of the First, Eighth, and Fourteenth Amendments pursuant to 42 U.S.C. § 1983, conspiracy pursuant to 42 U.S.C. § 1985, and state law claims for negligence, gross negligence, and intentional infliction of emotional distress. (Id.) On September 16, 2016, the Court recognized Plaintiffs indigency by granting his application to proceed without prepaying fees or costs. (DE 4.) This case has been referred to me for all pretrial matters. (DE 8.)

         Fifteen defendants (the “State Defendants”) filed a motion for summary judgment on June 27, 2017 (DE 46), and Defendant Dr. Terry Meden, a psychiatrist, filed a separate motion for summary judgment on July 11, 2017. (DEs 53, 54.) After the motions were fully briefed, the Undersigned issued a Report and Recommendation on February 26, 2018, to grant in part and deny in part Defendants' motions for summary judgment. (DE 93.) This report and recommendation was adopted in part on March 30, 2018, and an amended order was entered or April 3, 2018, granting in part and denying in part Defendants' motions for summary judgment. (DEs 102, 103.)

         B. Plaintiff's Motion to File a Supplemental Complaint

         On November 6, 2017, Plaintiff filed a motion for leave to file a supplemental complaint. (DE 75.) Plaintiff seeks leave to: (1) add new claims against Defendant Fred Govern related to events that occurred in June 2017 while Plaintiff was temporarily housed at MBP, located in Marquette, Michigan; and, (2) add new defendants-David Isard, David Lalonde, and Jeffrey Clark[1]-related to events that occurred in June and July 2017 at the Chippewa Correctional Facility (URF), located in Kincheloe, Michigan. (Id.) Notably, as discussed later in this opinion, both of these facilities are located in Michigan's Upper Peninsula, all of which is in the Western District of Michigan.

         In his proposed supplemental complaint, Plaintiff asserts that on June 1, 2017, he was transferred from the Macomb Correctional Facility (MRF) to the MBP so that he could make an appearance in the federal court in Marquette. (DE 75, ¶ 5.) He states that he arrived at MBP on June 5th, after “laying over” at the Chippewa Correctional Facility (URF) for three days, that he immediately informed staff that he was not safe in MBP's general population, and that when he refused to be placed in G-block, he was placed in quarantine until he went to court. (Id. ¶¶ 6-9.) Plaintiff alleges that he appeared in court on June 7th, informed the judge that he was not safe at MBP and had requested protection, and that Defendant Govern informed the judge that Plaintiff would be “going back” on Monday. (Id. ¶¶ 11-13.) Plaintiff claims that, following his court appearance, Defendant Govern, in conspiracy with David Isard at URF, arranged for Plaintiff to be transferred to URF instead of being returned to MRF, in retaliation for engaging in protected activity. (Id. ¶¶ 14-15.)

         Once at URF, Plaintiff alleges that he informed staff that he was not safe “due to multiple enemies being present at that facility, ” including two inmates involved in the alleged “hit” placed on Plaintiff, and that Isard and Clark denied his requests for protection. (Id. ¶¶16-18.) Plaintiff asserts that two of the inmates involved in the “hit” being placed on him were housed at URF. (Id. ¶¶ 20-22.) Plaintiff further contends that he had sufficient points to be placed on the list for “level 2 placement” (lower security level), but that ...


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