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Malott v. Unknown Hill

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

March 6, 2019

MICHAEL MALOTT, Plaintiff,
v.
UNKNOWN HILL, et al., Defendants.

          Hon. Gordon J. Quist Judge.

          REPORT AND RECOMMENDATION

          Ray Kent United States Magistrate Judge.

         This is a pro se civil rights action brought by a prisoner in the custody of the Michigan Department of Corrections (MDOC) pursuant to 42 U.S.C. § 1983. This matter is now before the Court on a motion for summary judgment filed by defendants Aron, Baker, Biddle, Black, Bladzak, Briske, Farago, Guzikowski, Hill, Homrich, Kopfman, McKlindon [sic], Mitchell, Riggs, Schreiber, Thomas, and Yount (ECF No. 88).

         I. Plaintiff's claims

         Plaintiff alleged that between October 2, 2015 and October 7, 2015, while he was incarcerated at the Oaks Correctional Facility (ECF), defendants engaged in retaliation by taunting, threatening, and assaulted him. The Court previously dismissed defendants Warden Thomas Mackie, MDOC Director Heidi Washington and Corrections Officer (CO) Dunn. The following defendants remain in this action: Sgt. Hill; Sgt. Yount; Sgt. Baker; Sgt. Mitchell; Sgt. Biddle; Lt. McKlindon [McLinden]; Lt. Schreiber; Lt. Riggs; Resident Unit Manager (RUM) Thomas; RN Briske; CO Aron; CO Kopfman; CO Bladzak; CO Black; CO Guzikowski; CO Homrich; and CO Farago. Plaintiff listed the following alleged acts of retaliation by the remaining defendants committed in both their personal and official capacities (in his words).[1]

         A. October 2, 2015

1. RUM Thomas came to cell door (5-225) several times to taunt and threaten me. Said he already told staff to have me on “T.O.B.” [top of bed restraints] this weekend and torture me.
2. Sgt Biddle and Lt McKlindon [sic] came to door, and illegally put me in restraints by claiming I was violating rules - they said they had me now, they'll teach me a lesson.
3. C/O Guzikowski & C/O Black placed hairs into my lunch tray.
4. C/O Homrich spit in my food.
5. My toilet overflowed and nothing was done, I was left in toilet water all night long - for 2 ½ shifts. (C/O Powell [not a party to this suit], Homrich, Farago, Lt Riggs, Lt Schreiber).

Compl. at PageID.6.

         B. October 3, 2015

          1. Assaulted by Sgt. Baker, C/O Black and C/O Bladzak, (unknown C/O). I was punched, hit repeatedly. C/O Black stepped on my fingers. C/O Black put my property into the toilet water on my floor on purpose.

         2. I overdosed on several pills and was put on suicide watch for it, but RN Briske never gave me no med attention. No hospital, or stomach pump. She left me in pain all day long.

         3. C/O Guzikowski and C/O Black refused my breakfast.

         4. C/O Guzikowski and C/O Black spit and put pubic hairs in my lunch tray.

         5. RN Briske denied me my mental health medications.

         6. Prior to being placed in TOB restraints, C/O's Kopfman, Aron, Baldzak, Black & Guzikowski told me they were going to lie to have me put in them, say I did something wrong I never did.

         7. C/O's Aron and Bladzak entered my cell while I was in “TOB” restraints w/out a camera. C/O Aron pinched my nose and held a cloth over my mouth so I couldn['t] breathe. I was then punched in my face, stomach, and private parts several times by them.

         8. On 1st, 2nd, & 3rd shift I was taunted, teased, and had my life threatened by C/O's Farago, Homrich, Black, Guzikowski, Kopfman, Bladzak, Lt McKlindon [sic], Lt Schreiber, Lt Riggs, Sgt Baker, Sgt Hill, Sgt Mitchell, and others while I was in “TOB[”] restraints/ Compl. at PageID.6-7.

         C. October 4, 2015

         1. I was made to promise I would[n't] file no grievances prior to being left off the bed. Compl. at PageID.7.

         D. October 5, 2015

         1. On the way to a phone conference w/Atty General, and federal judge Sgt Biddle, Sgt Yount, RUM Thomas, C/Os Guzikowski & Black threatened to kill me, spit in food again and throw away my property if I “snitched” on them, or if I ...


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