McCaskill v. Dettloff

Filing 56

OPINION AND ORDER granting 47 Motion for Partial Summary Judgment; adopting 55 Report and Recommendation. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DeANDRE McCASKILL,
Plaintiff,

Case No. 2:11-cv-12824
Hon. Patrick J. Duggan
Magistrate Judge Michael J. Hluchaniuk

v.
KENNETH DETTLOFF,
Defendant.
__________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION AND
GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY
JUDGMENT
On June 30, 2011, Plaintiff DeAndre McCaskill, a prisoner in the custody of
the Michigan Department of Corrections (“MDOC”) instituted this prisoner’s civil
rights case against Defendant Kenneth Dettloff, a prison guard. Although initially
proceeding pro se, Plaintiff is now represented by counsel. Plaintiff’s First
Amended Complaint alleges claims of First Amendment retaliation and
conspiracy, brought pursuant to 42 U.S.C. §§ 1983 and 1985, as well as various
state-law tort claims.
Defendant filed the first of two summary judgment motions pursuant to
Federal Rule of Civil Procedure 56 on September 16, 2011. The Court referred the
case to Magistrate Judge Michael J. Hluchaniuk for a report and recommendation
(“R&R”) pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Hluchaniuk

issued an R&R on the motion on July 13, 2012, recommending that the Court deny
Defendant’s motion for summary judgment because genuine issues of material fact
regarding Plaintiff’s claims precluded a finding that judgment as a matter of law in
Defendant’s favor was proper. Magistrate Judge Hluchaniuk did, however,
conclude that the issuance of a misconduct ticket could not form the basis of
Plaintiff’s First Amendment retaliation claim because Plaintiff was found guilty of
the underlying misconduct. Neither party objected to the July 2012 R&R. The
Court adopted the R&R in full in an Opinion and Order dated September 18, 2012.
Defendant filed his second Rule 56 motion seeking partial summary
judgment on March 31, 2014. Once the motion had been fully briefed, Magistrate
Judge Hluchaniuk reviewed the arguments of the parties and issued a second R&R
dated October 31, 2014. In this R&R, Magistrate Judge Hluchaniuk thoroughly
discussed the factual record and existing case law, ultimately recommending that
Defendant’s motion for partial summary judgment be granted. At the conclusion
of the October 2014 R&R, Magistrate Judge Hluchaniuk informs the parties that
any objections to the R&R must be filed within fourteen days and that the failure to
file specific objections constitutes a waiver of any further right of appeal. Neither
party filed objections to the R&R and the time for doing so has expired.

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Upon careful review of the parties’ briefs, Plaintiff’s First Amended
Complaint, the Joint Statement of Unresolved Issues, and the October 2014 R&R,
the Court concurs with the conclusions reached by Magistrate Judge Hluchaniuk.
Accordingly,
IT IS ORDERED that Magistrate Judge Hluchaniuk’s R&R (ECF No. 55)
is ADOPTED and Defendant Kenneth Dettloff’s motion for partial summary
judgment (ECF No. 47) is GRANTED.
Dated:
s/
PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
John M. Sier, Esq.
Kaitlin Abplanalp Brown, Esq.
Clifton B. Schneider, AAG

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