Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
Harris-Bey v. Hissong
United States District Court, E.D. Michigan, Southern Division
July 16, 2019
CURTIS N. HARRIS-BEY Plaintiff,
G. HISSONG, et al., Defendants.
OPINION AND ORDER OF PARTIAL SUMMARY
G. EDMUNDS, UNITED STATES DISTRICT JUDGE
Curtis N. Harris-Bey, formerly confined by the Michigan
Department of Corrections (MDOC) in Adrian, Michigan,
filed this pro se civil rights complaint against
five MDOC employees in their individual capacities, seeking
compensatory and punitive damages. Plaintiff alleges all five
defendants violated his First Amendment rights by retaliating
against him for his grievances and complaints. The Court
granted Plaintiff's application to proceed without
prepaying fees or costs on June 24, 2019. (ECF No. 5.) The
Court now dismisses Defendant Baker.
Harris-Bey's complaint describes Defendants'
objections to his grievances and complaints over several
months. Defendants not only verbally objected to his
grievances but acted on their disapproval variously by
terminating two of his job assignments and filing a major
misconduct ticket against him. Plaintiff asserts that these
actions were retaliation for his grievances. A brief
chronology of the events about which Harris-Bey complains
A. July 10, 2018
Plaintiff filed a grievance over being forced to work two job
assignments, laundry (his original assignment) and
“backdock.” (Compl. at 5, ECF No. 1, PageID 5.)
Plaintiff “kited” Defendant Harpst, but the
situation was resolved by the facility warden in August.
B. September 15, 2018
Defendant Baker ordered Plaintiff to continue to do backdock
work and threatened to fire him he did not follow orders.
(Id.) Baker told Plaintiff he did not care about
Plaintiff's past grievances. (Id.) Plaintiff
claims “[t]his was an act of retaliation” by
Baker and filed a grievance against him on the same day.
C. October 5, 2018
Defendant Hissong threatened to fire Plaintiff during a
grievance interview if he did not sign the grievance stating
it had been resolved. (Id. at 5-6.) Hissong told
Plaintiff “there is a problem filing grievances against
his [Hissong's] co-workers.” (Id. at 6.)
D. October 19, 2018 Defendants Jones and Randle told
Plaintiff he was going to get fired “and possibl[y]
more” if he kept filing grievances. (Id.)
Plaintiff attempted to talk to them, but then told them he
was going to file a grievance against them for their
“continuous threats.” (Id.) Jones and
Randle told Plaintiff he was fired, and he was sent back to
his housing unit. (Id.)
E. October 22, 2018
Plaintiff was assigned to a new work duty, sanitation, on his
own request. (Id.) He responded to a
“call-out” for the new work assignment, but on
arrival, was ordered back to his housing unit by Defendants
Jones and Hissong. (Id. at 6-7.) Both told him they
were tired of his complaining and his grievances.
(Id. at 7.) Hissong told Plaintiff he was going to
contact Defendant Harpst to stop the work assignment
immediately. Plaintiff sent a ...
Buy This Entire Record For