Bennett v. MDOC et al

Filing 172

ORDER Granting the Michigan Department of Corrections' 165 Motion for Reconsideration and Granting Summary Judgment in Favor of the MDOC on Count I of Plaintiff's Fourth Amended Complaint. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CARL BENNETT,
Plaintiff,

Case No. 15-cv-14465
Hon. Matthew F. Leitman

v.
MICHIGAN DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
__________________________________________________________________/
ORDER GRANTING THE MICHIGAN DEPARTMENT OF
CORRECTIONS’ MOTION FOR RECONSIDERATION (ECF No. 165)
AND GRANTING SUMMARY JUDGMENT IN FAVOR OF THE MDOC
ON COUNT I OF PLAINTIFF’S FOURTH AMENDED COMPLAINT
On August 8, 2020, this Court entered an order that, among other things,
denied the Michigan Department of Corrections’ (“MDOC”) Motion for Summary
Judgment on Count I of Plaintiff’s Fourth Amended Complaint. (See Order, ECF
No. 163.) On August 24, 2020, the MDOC timely moved for reconsideration of the
Court’s order. (See Motion, ECF No. 165). The MDOC argued that the Court failed
to recognize that the Eleventh Amendment barred Plaintiff’s claim in Count I against
the MDOC. (See id.) On August 25, 2020, the Court entered an order requiring
Plaintiff to respond to the Motion for Reconsideration by September 8, 2020. (See
Order, ECF No. 166.) Plaintiff has not filed a response to the Motion for
Reconsideration.
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The Court GRANTS the Motion for Reconsideration for the reasons set forth
in the Motion. The Court inadvertently missed the MDOC’s meritorious Eleventh
Amendment defense. The Court now GRANTS summary judgment in favor of the
MDOC on Count I of Plaintiff’s Fourth Amended Complaint. In all other respects,
the Court’s August 8, 2020, order remains intact and unchanged. For the reasons
explained in that order, the individual Defendants employed by the MDOC are not
entitled to summary judgment on Count I of the Plaintiff’s Fourth Amended
Complaint.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: September 11, 2020
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on September 11, 2020, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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