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Anthony v. Salisbury

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

August 16, 2019

DEANGELO ANTHONY, Plaintiff,
v.
KENNETH SALISBURY, et al., Defendants.

          R. Steven Whalen Judge

          OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION [35] GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [22]

          Honorable Laurie J. Michelson Magistrate Judge

         Deangelo Anthony brought an action under 42 U.S.C. § 1983 alleging violations of his First, Eighth, and Fourteenth Amendment rights while in custody of the Michigan Department of Corrections. The Court referred the case to Executive Magistrate Judge R. Steven Whalen for all pretrial matters. Three of the five named individual defendants and Mental Health Services moved for summary judgment. (ECF No. 22.) The Magistrate Judge issued a Report and recommends granting the motion. (ECF No. 35.)

         Anthony makes two objections to the Report. (ECF No. 37.)

         For the reasons stated below, the Court overrules the objections, adopts the Report and Recommendation, and grants the motion for summary judgment.

         I.

         In April 2014, Deangelo Anthony was transferred from the Marquette Branch Prison (MBP) to the Gus Harrison Correctional Facility in order to participate in a Residential Treatment Program (RTP) for depression and impulse control issues. (See ECF No. 30, PageID.293-294.)

         In late April, Adkeyda Boyd, another inmate and friend of Anthony's, committed suicide. (ECF No. 30, PageID.285.) Anthony spoke with Boyd's mother and Lenawee County State Police about his belief that prison staff harassed and coaxed Boyd into suicide. (ECF No. 30, PageID.285.)

         Anthony avers that, after talking with police and Boyd's mother, Assistant Resident Unit Supervisor Kenneth Salisbury began harassing him and threatening to transfer him back to a Level V facility (the security-level prison he was assigned to prior to being transferred for the RTP) if he kept talking with Boyd's mother. (ECF No. 30, PageID.285-286.) Anthony filed a grievance based on the threats. (ECF No. 30, PageID.286.)

         On November 14, 2014, Salisbury issued a misconduct ticket accusing Anthony and Larry Hibler, another inmate, of planning to beat and sexually assault a female prison staff member. (ECF No. 30, PageID.302.)

         Hibler states that the day before the report was submitted, he overheard Assistant Resident Unit Supervisor Ronald Nichols say to Anthony, “you will learn your lesson about sticking your nose into my business.” (ECF No. 30, PageID.282.) Hibler further avers that, the next day, Michele Ford, a mental health professional, came to Hibler's cell and told him, “don't worry, nothing will happen to you, they just want to get rid of Anthony.” (ECF No. 30, PageID.283.)

         Anthony asserts that the misconduct allegation automatically raised his security level and kicked him out of the RTP. (ECF No. 30, PageID.237.)

         The day after the misconduct report was submitted, Anthony overdosed on pills. (ECF No. 30, PageID.287.) He was taken to a hospital and then placed in observation. (ECF No. 30, PageID.287.) On November 18, 2014, Anthony states that he was removed from observation and taken to the Gus Harrison “annex” where he became scared and paranoid that staff were going to try to kill him, so he tried to hang himself. (ECF No. 30, PageID.287.) He was then immediately transferred back to the Marquette Branch Prison. (ECF No. 30, PageID.187.)

         Anthony was placed on observation after arriving in Marquette. (ECF No. 30, PageID.288.) Anthony was found “not guilty” of the charge after a misconduct ...


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