Moore v. Palmer et al

Filing 113

ORDER Granting in Part, Denying in Part and Taking Under Advisement in Part Defendants' 107 MOTION for Summary Judgment. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MAURICE MOORE,
Plaintiff,

Case No. 12-cv-14783
Hon. Matthew F. Leitman

v.
CARMEN PALMER et al.,
Defendants.
_________________________________/
ORDER GRANTING IN PART, DENYING IN PART, AND TAKING
UNDER ADVISEMENT IN PART DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT (ECF # 107)
Plaintiff Maurice Moore (“Moore”) is a former inmate of the Michigan
Department of Corrections (“MDOC”). In this action, Moore has alleged that
numerous MDOC employees and officials violated his First and Eighth
Amendment rights. Moore also has asserted claims under Michigan state law for
gross negligence and intentional infliction of emotional distress. All of Moore’s
claims relate to his allegation that he was repeatedly and viciously assaulted by
members of the Latin Counts gang (or inmates acting at the behest of the Latin
Counts gang) while in MDOC custody. (See generally Compl., ECF #1.)

1 

On March 15, 2016, the remaining MDOC Defendants1 in this action –
James Alexander, Timothy Kipp, Chad LaCount, Matthew Macauley, Lincoln
Marshall, Ken Niemisto, Shane Place, Anthony Stewart, and Robert Sutherland
(collectively, “Defendants”) – filed a motion for summary judgment on all of
Moore’s claims against them (the “Motion”). (See ECF #107.) On June 3, 2016,
the Court held a hearing on the Motion. For the reasons stated on the record during
the June 3, 2016 hearing, IT IS HEREBY ORDERED that:
 The Motion is GRANTED in favor of all Defendants with respect to
Moore’s First Amendment claims;
 The Motion is GRANTED in in favor of all Defendants with respect to
Moore’s gross negligence claims;
 The Motion is GRANTED in favor of all Defendants with respect to
Moore’s intentional infliction of emotional distress claims;
 The Motion is GRANTED in favor of Defendants Timothy Kipp, Anthony
Stewart, and Robert Sutherland with respect to Moore’s Eighth Amendment
claims;

1
On September 4, 2014, Defendant Betty Goodson was dismissed from this action.
(See 09/04/2014 Dkt. Entry.) Moore then voluntarily dismissed John Does 1-20 on
October 9, 2014. (See Notice of Stipulation to Voluntarily Dismiss John Doe [120], ECF #66 at 1, Pg. ID 235.) On August 12, 2015, the Court entered an Order
dismissing MDOC Defendants James Armstrong, Joe Barrett, Chad Chaney, Brad
Haney, Laura Heinritz, Daniel Heyns, Kenneth MacEachern, Debra Scutt, Richard
Stapleton, Aaron Vroman, and Ray Wolfe from this action. (See ECF #87 at 3, Pg.
ID 720.) On January 25, 2016, the Court entered a stipulated order dismissing
Defendants Erica Huss, Richard McKeon, Robert Napel, Nannette Norwood,
Carmen Palmer, John Prelesnik, and Dennis Straub from this action. (See
Stipulated Order of Dismissal, ECF #104 at 1, Pg. ID 827.)  
2 

 The Motion is DENIED with respect to Moore’s Eighth Amendment claims
against Defendants James Alexander, Chad LaCount, and Lincoln Marshall;
and
 The Motion is TAKEN UNDER ADVISEMENT with respect to Moore’s
Eighth Amendment claims against Defendants Matthew Macauley, Ken
Niemisto, and Shane Place.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: June 6, 2016

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on June 6, 2016, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

3