United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER OF PARTIAL DISMISSAL
V. PARKER U.S. DISTRICT JUDGE.
a pro se civil rights case. Brandon Marcus Resch
(“Plaintiff”) is incarcerated at the Earnest C.
Brooks Correctional Facility in Muskegon Heights, Michigan.
He asserts claims under 42 U.S.C. § 1983. Plaintiff
names thirteen defendants, including seven John and Jane Doe
defendants, and alleges violations of his rights under the
First, Eighth and Fourteenth Amendments. He sues Defendants
in their personal and official capacities and seeks monetary
relief. Plaintiff has been granted leave to proceed without
prepayment of the fees for this action. See 28
U.S.C. § 1915(a)(1).
reasons discussed below, the Court dismisses the following
defendants: Municipality of Macomb County, Anthony
Wickersham, Tigg's Canteen Service, and Correct Care
Solutions, Inc. The Court also dismisses Plaintiff's
claims that his due process rights were violated by: his
exclusion from a disciplinary hearing; the inadequacy of the
jail grievance procedure, and the jail's failure to
provide him with a copy of the rules and regulations.
was confined at the Macomb County Jail from November 2017
through August 2018. Plaintiff alleges that the conditions of
his confinement violated multiple constitutional rights.
Plaintiff states that the Jail failed to provide him with
kosher meals. Plaintiff alleges that, upon his arrival at the
jail, he informed multiple individuals, including Defendant
Clemens, that he had been approved for a kosher diet in
accordance with his religious practices while incarcerated at
the Oakland County Jail. Plaintiff argues that certain
defendants established unreasonable barriers for him to
obtain approval for a kosher diet, and that, even after he
was approved for a kosher diet, Jane Does 1 and 2, employees
of Defendant Tigg's Canteen Services, repeatedly and
knowingly served him non-kosher foods. He claims to have
filed approximately twenty grievances regarding the lack of
alleges he was assaulted by two John Doe defendants
(sheriff's deputies) on November 18, 2017. According to
the Complaint, when Plaintiff asked to speak to
Defendants' supervisor regarding destruction of his legal
material, the John Doe defendants pushed Plaintiff onto the
floor, smashing his eyeglasses and causing him lasting pain.
Defendant Clemens then tasered Plaintiff. Plaintiff also
claims to have suffered another assault at the hands of two
John Doe defendants in August 2018.
claims he was denied out-of-cell exercise for all but six
days of his ten-month incarceration. During this time period,
the jail also suffered from overcrowding, resulting in
Plaintiff often being forced to sleep on the floor. Plaintiff
also cites the following unsanitary conditions in the section
of the jail where he was confined: clogged toilets, bugs and
insects, vomit, urine, fecal matter, and blood.
alleges his outgoing and incoming legal mail was destroyed at
least six times. Defendant Deputy Grant informed Plaintiff in
August 2018 that he opened Plaintiff's legal mail.
Plaintiff claims he was also denied access to the law library
despite proceeding pro se in his criminal case and
denied the ability to make telephone calls to court-appointed
states he was not provided with a written or verbal
explanation of the Macomb County Jail's rules until four
days after arriving at the facility.
misconduct ticket was issued against Plaintiff in August
2018. Plaintiff repeatedly expressed his desire to attend and
present witnesses at the misconduct hearing. He claims that
he was not permitted to attend the hearing. He alleges that
the misconduct ticket was issued in retaliation for the
filing of grievances.
Plaintiff claims Defendants denied him court-ordered