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)

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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. 1 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 (810) 341-9764 2

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