Jameson v. Oakland, County of et al

Filing 54

ORDER Directing Parties to File Supplemental Briefs and Adjourning Scheduled Hearing as to 49 MOTION for Summary Judgment :( Supplemental Briefs due by 7/15/2011) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MATTHEW A. JAMESON,
Plaintiff,
v.

Case No. 10-10366

OAKLAND COUNTY, et al.,
Defendants.
/
ORDER DIRECTING PARTIES TO FILE SUPPLEMENTAL BRIEFS AND
ADJOURNING SCHEDULED HEARING
The court is scheduled to hear argument on Defendants’ motion for summary
judgment on July 13, 2011. Having reviewed the parties’ briefs, the court believes that
the resolution of the motion and any argument will be greatly assisted by additional
briefing from each side on the following question: Whether the doctrine set forth by the
Supreme Court in Parratt v. Taylor, 451 U.S. 527 (1981), overruled on other grounds by
Daniels v. Williams, 474 U.S. 327 (1986), and in Hudson v. Palmer, 468 U.S. 517
(1984)—to wit, that no due process claim lies where the conduct complained of was
“random and unauthorized” and the state provides adequate postdeprivation
process—forecloses Plaintiff’s claim under 42 U.S.C. § 1983. Accordingly,
IT IS ORDERED that Plaintiff and Defendants are each DIRECTED to file a
supplemental brief addressing this question by July 15, 2011. This order serves as
notice for the purposes of Federal Rule of Civil Procedure 56(f)(2).

IT IS FURTHER ORDERED that the July 13, 2011, hearing is ADJOURNED until
further notice by the court.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: July 6, 2011
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, July 6, 2011, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2 ORDERS\10-10366.JAMESON.BriefParrattHudson.jmp.wpd

2