Shepard v. Oakland County Sheriff Deputy Amy Simpson et al

Filing 21

OPINION and ORDER granting 17 the Motion of Defendants Simpson and Hanna for Summary Judgment and Dismissing the Complaint as to the Remaining Defendants. Signed by District Judge Bernard A. Friedman. (JCur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JAMES SHEPARD,
Plaintiff,
vs.

Civil Action No. 17-CV-11604
HON. BERNARD A. FRIEDMAN

OAKLAND COUNTY SHERIFF’S
DEPUTY AMY SIMPSON, et al.,
Defendants.
______________________________/
OPINION AND ORDER GRANTING THE MOTION OF DEFENDANTS
SIMPSON AND HANNA FOR SUMMARY JUDGMENT AND DISMISSING
THE COMPLAINT AS TO THE REMAINING DEFENDANTS
This matter is presently before the Court on the motion of defendants Simpson and
Hanna for summary judgment [docket entry 17]. Plaintiff has responded by requesting that the
Court “dismiss the case without assessing costs or fees.”
This is a police misconduct action in which plaintiff alleges that he was denied proper
medical care while confined at the Oakland County Jail in August 2014. While the complaint names
sheriff’s deputies Simpson and Hanna, as well as four “John/Jane Does” and Oakland County as
defendants, Simpson and Hanna argue that they are entitled to summary judgment because the
complaint makes no specific allegations as to them and because plaintiff conceded at his deposition
that they did nothing wrong. Pl.’s Dep. at 42. As plaintiff has not responded to these points, he is
deemed to have conceded them. See Fed. R. Civ. P. 56(e)(2). As defendants Simpson and Hanna
are plainly entitled to summary judgment, the Court shall grant their motion. Accordingly,

IT IS ORDERED that the motion of defendants Simpson and Hanna for summary
judgment is granted.

IT IS FURTHER ORDERED that the complaint is dismissed as to the remaining
defendants pursuant to Fed. R. Civ. P. 41(a)(2).

Dated: May 11, 2018
Detroit, Michigan

s/Bernard A. Friedman
BERNARD A. FRIEDMAN
SENIOR UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and
any unrepresented parties via the Court's ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on May 11, 2018.
s/Johnetta M. Curry-Williams
Case Manager

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