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Resch v. Municipality of Macomb County

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

April 17, 2019

BRANDON MARCUS RESCH, #304507, Plaintiff,
v.
MUNICIPALITY OF MACOMB COUNTY, ET AL., Defendants.

          OPINION AND ORDER OF PARTIAL DISMISSAL

          LINDA V. PARKER U.S. DISTRICT JUDGE.

         I. Introduction

         This is 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).

         For the 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.

         II. Factual Allegations

         Plaintiff 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.

         First, 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 kosher meals.

         Plaintiff 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.

         Plaintiff 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.

         Plaintiff 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 advisory attorneys.

         Plaintiff 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.

         A 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.

         Finally, Plaintiff claims Defendants denied him court-ordered psychotropic medications.

         III. ...


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