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Denham v. McKissick

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

April 30, 2019

RONRICO DENHAM, Plaintiff,
v.
DIANA McKISSICK, ET AL., Defendants.

          Elizabeth A. Stafford, Magistrate Judge.

          ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT

          Victoria A. Roberts, United States District Judge.

         I. INTRODUCTION

         Ronrico Denham (“Denham”), a pro se Michigan prisoner, filed this civil rights action under 42 U.S.C. § 1983.

         Denham says that on August 2, 2017, he was transferred from the Woodland Center Correctional Facility in Whitmore Lake, Michigan (“WCC”), to the Macomb Correctional Facility in New Haven, Michigan (“MRF”). Denham appears to have been released from prison on parole on December 4, 2018.

         Denham was a prisoner at WCC when he filed this suit. He seeks injunctive relief and monetary damages; he says Defendants violated his Eighth Amendment rights to medical treatment, and subjected him to cruel and unusual punishment at MRF.

         In their motion for partial summary judgment, Defendants say they are entitled to summary judgment on all but Denham's one exhausted claim against Defendant Duncan (MRF-17-09-1403-12E).

         The motion is GRANTED.

         II. BACKGROUND

         Denham, a mentally ill inmate with an underactive thyroid gland (“Hypothyroidism”), filed this action alleging a continuing pattern of deliberate indifference to his serious medical issues while he was confined at MRF in late 2017. More specifically, Denham asserts that from September 11, 2017, until January 22, 2018, he did not receive thyroid medication in a routine and adequate manner. Between those dates, Denham alleges that various Defendants were involved in his treatment. He further claims that the lack of medical attention caused him to suffer mentally, emotionally and physically.

         On July 19, 2018, the Court dismissed Defendants Derve, McInnes, Duncan, Thomas, Kurtk, and Smith, reasoning that Denham's allegations against them were conclusory and that he failed to allege what those Defendants did, or failed to do, that caused him to suffer physically and mentally.

         On August 23, 2018, the Court granted Denham's motion to amend his complaint, and reinstated these Defendants, concluding that Denham's amended complaint and its attachments stated a plausible claim for relief against the reinstated parties.

         Attached to his amended complaint is what Denham says are several grievances that were all properly exhausted through the “prisoner/parolee grievance process.” [Doc. 7, PageID. 87].

         Defendants say that Denham failed to properly exhaust his administrative remedies with respect to the claims at issue, between September 11, 2017, and January 22, 2018, because he did not timely file several grievances through the Step III appeal. Defendants say that Denham only exhausted a handful of those claims between those dates and only against Defendant Duncan.

         On March 19, 2019, the Court asked Defendants for supplemental briefing to assist it in determining which ...


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