United States District Court, W.D. Michigan, Southern Division
Gordon J. Quist Judge.
REPORT AND RECOMMENDATION
Kent United States Magistrate Judge.
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).
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).
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
3. C/O Guzikowski & C/O Black placed hairs into my lunch
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,
Compl. at PageID.6.
October 3, 2015
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.
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.
Guzikowski and C/O Black refused my breakfast.
Guzikowski and C/O Black spit and put pubic hairs in my lunch
Briske denied me my mental health medications.
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
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.
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.
October 4, 2015
was made to promise I would[n't] file no grievances prior
to being left off the bed. Compl. at PageID.7.
October 5, 2015
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 ...