United States District Court, E.D. Michigan, Southern Division
Elizabeth A. Stafford, Magistrate Judge.
ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL
Victoria A. Roberts, United States District Judge.
Denham (“Denham”), a pro se Michigan
prisoner, filed this civil rights action under 42 U.S.C.
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.
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.
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
motion is GRANTED.
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
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.
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
to his amended complaint is what Denham says are several
grievances that were all properly exhausted through the
“prisoner/parolee grievance process.” [Doc. 7,
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.
March 19, 2019, the Court asked Defendants for supplemental
briefing to assist it in determining which ...