United States District Court, E.D. Michigan, Southern Division
Honorable Mark A. Goldsmith Judge
REPORT AND RECOMMENDATION TO GRANT DEFENDANT TIMOTHY
ROONEY'S MOTION TO DISMISS 
R. GRAND UNITED STATES MAGISTRATE JUDGE
March 25, 2019, Plaintiff Thomas Robinson
(“Robinson”) filed his pro se civil
rights complaint in this case, against, inter alia,
Defendant Timothy Rooney
(“Rooney”).(Doc. #1). At all times relevant to this
civil action, Robinson has been (and remains) a defendant in
a pending federal criminal case in the Eastern District of
Michigan. At the time Robinson filed his civil complaint, he
was on pretrial release, being supervised by Rooney, a United
States Pretrial Services Officer. (Id.).
before the Court is a Motion to Dismiss filed by Rooney on
June 28, 2019. (Doc. #18). On July 19, 2019, Robinson filed a
response to this motion (Doc. #22), and on July 25, 2019,
Rooney filed a reply (Doc. #25). Subsequently, on August 7,
2019, Rooney filed a supplemental brief in support of his
motion to dismiss, in which he advised the Court that
Robinson's bond had been revoked on August 1, 2019, and
he had been ordered detained pending trial in his criminal
case. (Doc. #26). On August 21, 2019, Robinson submitted a
response to this supplemental brief. (Doc. #30).
the Court will not hold a hearing on a motion in a civil case
in which a party is in custody. See E.D. Mich. L.R.
7.1(f). Having reviewed the pleadings and other papers on
file, the Court finds that the facts and legal issues are
adequately presented in the parties' briefs and on the
record, and it declines to order a hearing at this time.
reasons set forth below, IT IS RECOMMENDED
that Rooney's Motion to Dismiss (Doc.
#18) be GRANTED.
forth above, aside from being the plaintiff in the instant
civil case, Robinson is a defendant in a criminal case
pending in this Court before the Honorable Laurie J.
Michelson, No. 18-cr-20150 (the “Criminal Case”).
He is charged with being a felon in possession of a firearm
and conspiring to distribute cocaine base. (Criminal Case,
Doc. #18). At the time Robinson filed his civil complaint, he
was on pretrial release, being supervised by Pretrial
Services Officer Rooney. As explained in more detail below,
Robinson's civil complaint alleges violations of his
constitutional rights relating to circumstances that led to
the modification (and, ultimately, revocation) of his bond in
the Criminal Case. A brief discussion of Robinson's bond
conditions, therefore, will provide some context.
initial Order Setting Conditions of Release directed, in
part, that Robinson not use drugs, participate in a location
monitoring program requiring a GPS tether, and live at his
mother's house with a curfew as directed by Pretrial
Services. (Id., Doc. #10). These conditions were
later modified based on the Government's allegations that
Robinson was a sex trafficker and a drug dealer, and that
while on pretrial release he went to the New Paths
Residential Treatment Facility (“New Paths”) to
recruit women to engage in prostitution. (Id., Doc.
#20 at 2). By order dated April 25, 2018, the Honorable Linda
V. Parker modified Robinson's bond conditions to
prohibit him from entering or loitering around New Paths.
(Id., Doc. #27).
March 22, 2019, Rooney, as Robinson's Pretrial Services
Officer, submitted a Petition for Action on Condition of
Release (“Petition”) requesting a bond hearing in
the Criminal Case. (Id., Doc. #59). In the Petition,
Rooney advised the Court that Robinson: (1) repeatedly tested
positive for marijuana; (2) told his therapist that he
slapped his girlfriend in the face and gave her a black eye;
(3) told his therapist that he might have information about a
missing person, who he alluded might be dead; (4) repeatedly
failed to follow Rooney's directives and was
confrontational and argumentative; (5) repeatedly failed to
properly charge the batteries on his GPS tether; and (6) told
his mother not to let Rooney into her house any longer.
(Id.). As a result, a bond hearing was held in the
Criminal Case on March 27, 2019, after which Judge Michelson
modified Robinson's bond to include the following
additional release conditions:
1. Shall submit to location monitoring with home detention
(You are restricted to your residence at all times except for
employment; education; religious services; medical
appointments; substance abuse counseling; mental health
treatment; attorney visits; Court appearances; Court ordered
obligations; or other activities pre-approved by Pretrial
Services). Must give 24-hours notice to Pretrial Services for
all authorized activities and 48-hours for all other
2. Zero tolerance regarding following all rules and
directives of your Pretrial Services Officer, including
keeping your GPS tracker charged at all times as instructed
by Pretrial Services, complying with all other directives
regarding location ...