2:24-cv-00144•Hinds #637787 v. Thomas et al
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1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN CRUZ HINDS, #637787, Case No. 2:24-cv-144 Plaintiff, Hon. Hala Y. Jarbou Chief U.S. District Judge v. UNKNOWN THOMAS, et al., Defendants. / REPORT AND RECOMMENDATION I. Introduction This Report and Recommendation (R. & R.) addresses Defendants’ motion for summary judgment, ECF No. 33, Plaintiff’s response in opposition, ECF No. 51, and Defendants’ reply, ECF No. 54. Plaintiff – state prisoner Cruz Hinds – filed a verified civil complaint under 42 U.S.C. § 1983 alleging that Defendants violated his rights under the First, Eighth, and Fourteenth Amendments while he was incarcerated at Baraga Correctional Facility (AMF) in Baraga, Michigan. ECF No. 1. More specifically, Hinds asserts that during a cell extraction, two unidentified Emergency Response Team (ERT) members choked him, that Corrections Officer (CO) Thomas punched him, and that Nurse Haapala grossly ignored the resulting injury. Id., PageID.2-3. On April 21, 2025, CO Thomas and Nurse Haapala filed a motion for summary judgment. ECF No. 33. In the opinion of the undersigned, there remains a genuine issue of material fact as to Plaintiff’s Eighth Amendment excessive force claim. Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 1 of 21
2 However, in the opinion of the undersigned, there are no genuine disputes of material fact as to Plaintiff’s First Amendment retaliation, Eighth Amendment deliberate indifference, and Fourteenth Amendment equal protection claims. Accordingly, it is respectfully recommended that the Court grant in part and deny in part the Defendants’ motion for summary judgment. II. Factual Allegations In his verified complaint, Plaintiff alleges that, on January 1, 2024, Plaintiff was extracted from his cell and placed in a restraint chair.1 ECF No. 1, PageID.2. Plaintiff asserts that while he was bound to the chair, two unidentified ERT members chocked him while CO Thomas punched him in the face. Id. Plaintiff says that CO Thomas broke/fractured Plaintiff’s nose. Id. Plaintiff alleges that when he was escorted back to his cell, his chest and boxer briefs were covered in blood. Id. Next, Plaintiff says that Nurse Haapala looked at his nose within an hour of the alleged assault. Id., PageID.3. Plaintiff asserts that Nurse Haapala “grossly ignored the plaintiff’s injury and refused to treat the serious fractured nose.” Id. Plaintiff says he received an emergency X-ray 29 days after the alleged assault. Id. Plaintiff asserts that his nose healed untreated. Id. 1 For context, Defendants note in their motion that Plaintiff was extracted from his cell for throwing feces from a cup on a Corrections Officer. Plaintiff agrees with these factual assertions in his response. ECF No. 52, PageID.314 Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 2 of 21
3 III. Defendants’ Motion to Strike Plaintiff’s Sur-Reply As an initial matter, Hinds filed a sur-reply without prior approval by the Court on October 3, 2025. ECF No. 56. The following day, Defendants filed a motion to strike Plaintiff’s sur-reply. ECF No. 57. In general, sur-replies are not allowed without first obtaining permission from the Court. W.D. Mich. LCivR 7.2(c). This Court’s Local Civil Rules allow for a response to a dispositive motion and then a reply to the response. Id. “The court may permit or require further briefing.” Id. This Court has noted that “[i]t is well- established that parties do not have a right to file a sur-reply brief, whether under the Federal Rules of Civil Procedure or the Local Civil Rules of our district, and both this court and other federal courts rarely grant leave to file a surreply.” Aslani v. Sparrow Health Sys., No. 1:08-CV-298, 2009 WL 3711602, at *22 (W.D. Mich. Nov. 3, 2009) (footnote omitted). The Court may grant leave to file a sur-reply to afford a party an opportunity to address new issues raised for the first time in the reply. Eldridge v. Cardif Life Ins. Co., 266 F.R.D. 173, 175 (N.D. Ohio 2010). In this case, the Court granted Hinds’s request for additional time to respond to Defendants’ motion for summary judgment. ECF No. 50. Subsequently, Hinds filed a response to Defendants’ motion and Defendants filed a reply. ECF No. 51 & 54. In the opinion of the undersigned, Defendants did not raise any new issues in their reply. While the undersigned recognizes Plaintiff’s pro se status, the Court has also already afforded Plaintiff additional time to file his response. Accordingly, the undersigned grants Defendants’ motion to strike Plaintiff’s sur-reply and does not consider the sur-reply in the below analysis. Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 3 of 21
4 IV. Summary Judgment Standard Summary judgment is appropriate when the record reveals that there are no genuine issues as to any material fact in dispute and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56; Kocak v. Comty. Health Partners of Ohio, Inc., 400 F.3d 466, 468 (6th Cir. 2005). The standard for determining whether summary judgment is appropriate is “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” State Farm Fire & Cas. Co. v. McGowan, 421 F.3d 433, 436 (6th Cir. 2005) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251−52 (1986)). The court must consider all pleadings, depositions, affidavits, and admissions on file, and draw all justifiable inferences in favor of the party opposing the motion. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); Twin City Fire Ins. Co. v. Adkins, 400 F.3d 293, 296 (6th Cir. 2005). V. Analysis a. Eighth Amendment Excessive Force Hinds maintains that CO Thomas and the unidentified ERT defendants used excessive force when they choked and punched him during a cell extraction. CO Thomas argues that video surveillance of the incident shows Hinds was neither choked nor punched during the extraction. The Eighth Amendment embodies a constitutional limitation on the power of the states to punish those convicted of a crime. Punishment may not be “barbarous”, nor may it contravene society’s “evolving standards of decency.” Rhodes v. Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 4 of 21
5 Chapman, 452 U.S. 337, 345-46 (1981); Trop v. Dulles, 356 U.S. 86, 101 (1958). The Eighth Amendment also prohibits conditions of confinement which, although not physically barbarous, “involve the unnecessary and wanton infliction of pain.” Rhodes, 452 U.S. at 346. Among unnecessary and wanton inflictions of pain are those that are “totally without penological justification.” Id. To establish an Eighth Amendment claim, a plaintiff must satisfy both an objective and a subjective component. Farmer v. Brennan, 511 U.S. 825, 834 (1994); Wilson v. Seiter, 501 U.S. 294, 297-300 (1991). “The objective component requires the pain inflicted to be ‘sufficiently serious.’” Williams v. Curtin, 631 F.3d 380, 383 (6th Cir. 2011) (quoting Wilson, 501 U.S. at 298). “The subjective component focuses on the state of mind of the prison officials.” Williams v. Curtin, 631 F.3d at 383. While all Eighth Amendment claims involve an objective and a subjective component, the objective component is contextual and therefore varies depending on the claim asserted. Hudson v. McMillian, 503 U.S. 1, 8-9 (1992). The degree of harm necessary to satisfy the objective component depends on “contemporary standards of decency.” Estelle v. Gamble, 429 U.S. 97, 103 (1976). The essential inquiry for an Eighth Amendment claim of excessive force is “whether force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm.” Whitley v. Albers, 475 U.S. 312, 320-21 (1986). In making this inquiry, courts are guided by “factors [such] as the need for application of force, the relationship between the need and the amount of force that was used [and] the extent of injury inflicted.” Id. at 320-21. Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 5 of 21
6 In this case, Hinds alleges in his complaint that two ERT members choked him while CO Thomas punched him and fractured or broke his nose. ECF No, 1, PageID.2. In his deposition, Hinds states that these alleged events occurred after he was extracted from his cell and taken upstairs to the medical clinic. ECF No. 34- 3, PageID.168. Hinds contends in his deposition that the assault occurred directly outside of the medical clinic. Id., PageID.172. Defendants provide video surveillance of the area outside of the medical clinic. Exhibit D. Defendants assert that this video shows that no assault occurred. Upon review of the video, it is the opinion of the undersigned that the video surveillance does not show the entire incident of the cell extraction through the alleged assault. Furthermore, the video depicts multiple ERT members blocking the camera’s view of Hinds in the transport chair. In the opinion of the undersigned, the video is insufficient to combat the genuine issue of material fact between Hinds’s version of events and Defendants’. Accordingly, the undersigned respectfully recommends that the Court deny Defendants’ motion for summary judgment regarding Hinds’s excessive force claim. b. First Amendment Retaliation In the “Relief Sought” section of Hinds’s Complaint, he states “[t]he retaliation claim is solely over plaintiff threatening to file a grievance after C/O Thomas punched and broke/fractured his nose.” ECF No. 1, PageID.5. CO Thomas argues that Hinds’s First Amendment claim fails as a matter of law because he was not engaged in protected conduct, nor did he suffer an adverse action. ECF No. 34, PageID.142. Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 6 of 21
7 Retaliation based upon a prisoner’s exercise of his or her constitutional rights violates the Constitution. Thaddeus-X v. Blatter, 175 F.3d 378, 394 (6th Cir. 1999) (en banc). In order to set forth a First Amendment retaliation claim, a plaintiff must establish that: (1) he was engaged in protected conduct; (2) an adverse action was taken against him that would deter a person of ordinary firmness from engaging in that conduct; and (3) the adverse action was motivated, at least in part, by the protected conduct. Id. Moreover, a plaintiff must be able to prove that the exercise of the protected right was a substantial or motivating factor in the defendant’s alleged retaliatory conduct. Smith v. Campbell, 250 F.3d 1032, 1037 (6th Cir. 2001) (citing Mount Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977)). The Sixth Circuit has also employed a burden-shifting approach: Once the plaintiff has met his burden of establishing that his protected conduct was a motivating factor behind any harm, the burden of production shifts to the defendant. If the defendant can show that he would have taken the same action in the absence of the protected activity, he is entitled to prevail on summary judgment. Thaddeus-X, 175 F.3d at 399. The Sixth Circuit has explained that “protected conduct includes a prisoner’s ‘undisputed First Amendment right to file grievances against prison officials on his own behalf.’” Hill v. Lappin, 630 F.3d 468, 472 (2010) (quoting Herron v. Harrison, 203 F.3d 410, 415 (6th Cir.2000)). This right extends to grievances that are, in accordance with MDOC policy, raised with staff prior to submitting a formal, written grievance. Maben v. Thelen, 887 F.3d 252, 265-66 (6th Cir. 2018) (explaining that it would be “unfair and illogical” to require prisoners to attempt informal resolution of a grievable issue, and then limit the recognition of protected conduct to filing formal, Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 7 of 21
8 written grievances); MDOC PD 03.02.130(Q) (requiring a prisoner to attempt resolution of the grievable issue prior to filing a Step I grievance). “If the grievances are frivolous, however, this right is not protected.” Id. Prisoners “cannot exercise that right in a manner that violates legitimate prison regulations or penological objectives.” Smith, 250 F.3d at 1037. “‘Abusive or manipulative use of a grievance system [is] not ... protected conduct,’ and prison officials may take action in response to the prisoner’s improper use of the grievance process as long as the response aligns with a legitimate penological goal.” Griffin v. Berghuis, 563 F. App’x 411, 416 (6th Cir. 2014) (quoting King v. Zamiara, 680 F.3d 686, 699 (6th Cir. 2012)). Generally, an action is deemed adverse when it increases the restrictions placed on a prisoner, or decreases the privileges that prisoner enjoys. Maben, 887 F.3d at 266 (citing Hill v. Lapin, 630 F. 3d 468, 474 (6th Cir. 2004)). To determine whether a misconduct ticket constitutes an adverse action, courts look to “both the punishment [the prisoner] could have faced and the punishment he did face.” Id. (citing Scott v. Churchill, 377 F.3d 565, 572 (6th Cir. 2004)). While evidence of temporal proximity may not be enough on its own to survive summary judgment on a retaliation claim, the Sixth Circuit does construe such proximity as a factor in support of a causal connection. Smith v. Campbell, 250 F.3d 1032, 1038 (6th Cir. 2001). Here, the order of Plaintiff’s allegations does not support a retaliation claim. Hinds states that his retaliation claim is based on his threat to file a grievance after CO Thomas allegedly punched him. Hinds does not assert he suffered any retaliatory conduct because of his threat to file a grievance. Hinds has a First Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 8 of 21
9 Amendment right to access the grievance system but he does not state that he experienced any barriers to exercising that right. Accordingly, in the opinion of the undersigned, there are no genuine issues of material fact regarding Hinds’s First Amendment retaliation claim against CO Thomas and undersigned respectfully recommends that the Court dismiss Hinds’s First Amendment claim. c. Eighth Amendment Deliberate Indifference Hinds alleges that “Nurse Haapala refused Plaintiff health care treatment after examining serious injury to the Plaintiff’s nose.” ECF No. 1, PageID.4. Nurse Haapala argues that Hinds cannot establish that Nurse Haapala was aware of any serious medical need. ECF No. 34, PageID.146-47. The Eighth Amendment prohibits the infliction of cruel and unusual punishment against those convicted of crimes. U.S. Const. amend. VIII. The Eighth Amendment obligates prison authorities to provide medical care to incarcerated individuals, as a failure to provide such care would be inconsistent with contemporary standards of decency. Estelle v. Gamble, 429 U.S. 102, 103-04 (1976). The Eighth Amendment is violated when a prison official is deliberately indifferent to the serious medical needs of a prisoner. Id. at 104-05; Comstock v. McCrary, 273 F.3d 693, 702 (6th Cir. 2001). A claim for the deprivation of adequate medical care has an objective and a subjective component. Farmer, 511 U.S. at 834. To satisfy the objective component, the plaintiff must allege that the medical need at issue is sufficiently serious. Id. In other words, the inmate must show that he is incarcerated under conditions posing a substantial risk of serious harm. Id. The objective component Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 9 of 21
10 of the adequate medical care test is satisfied “[w]here the seriousness of a prisoner’s need[ ] for medical care is obvious even to a lay person.” Blackmore v. Kalamazoo Cty., 390 F.3d 890, 899 (6th Cir. 2004). If the plaintiff’s claim, however, is based on “the prison’s failure to treat a condition adequately, or where the prisoner’s affliction is seemingly minor or non-obvious,” id. at 898, the plaintiff must “place verifying medical evidence in the record to establish the detrimental effect of the delay in medical treatment.” Napier v. Madison Cty., 238 F.3d 739, 742 (6th Cir. 2001) (internal quotation marks omitted). The subjective component requires an inmate to show that prison officials have “a sufficiently culpable state of mind in denying medical care.” Brown v. Bargery, 207 F.3d 863, 867 (6th Cir. 2000) (citing Farmer, 511 U.S. at 834). Deliberate indifference “entails something more than mere negligence,” Farmer, 511 U.S. at 835, but can be “satisfied by something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result.” Id. Under Farmer, “the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.” Id. at 837. The subjective component was recently summarized in Rhinehart v. Scutt, 894 F.3d 721 (6th Cir. 2018). The court of appeals stated the following: A doctor’s errors in medical judgment or other negligent behavior do not suffice to establish deliberate indifference. Instead, the plaintiff must show that each defendant acted with a mental state “equivalent to criminal recklessness.” This showing requires proof that each defendant “subjectively perceived facts from which to infer substantial risk to the prisoner, that he did in fact draw the inference, and that he then disregarded that risk” by failing to take reasonable measures to abate it. Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 10 of 21
11 A plaintiff may rely on circumstantial evidence to prove subjective recklessness: A jury is entitled to “conclude that a prison official knew of a substantial risk from the very fact that the risk was obvious.” And if a risk is well-documented and circumstances suggest that the official has been exposed to information so that he must have known of the risk, the evidence is sufficient for a jury to find that the official had knowledge. But the plaintiff also must present enough evidence from which a jury could conclude that each defendant “so recklessly ignored the risk that he was deliberately indifferent to it.” A doctor is not liable under the Eighth Amendment if he or she provides reasonable treatment, even if the outcome of the treatment is insufficient or even harmful. A doctor, after all, is bound by the Hippocratic Oath, not applicable to the jailor, and the physician’s job is to treat illness, not punish the prisoner. Accordingly, when a claimant challenges the adequacy of an inmate's treatment, “this Court is deferential to the judgments of medical professionals.” That is not to say that a doctor is immune from a deliberate-indifference claim simply because he provided “some treatment for the inmates’ medical needs.” But there is a high bar that a plaintiff must clear to prove an Eighth Amendment medical-needs claim: The doctor must have “consciously expos[ed] the patient to an excessive risk of *739 serious harm.” Id. 738–39 (6th Cir. 2018) (internal citations omitted). Not every claim by a prisoner that he has received inadequate medical treatment states a violation of the Eighth Amendment. Estelle, 429 U.S. at 105. As the Supreme Court explained: [A]n inadvertent failure to provide adequate medical care cannot be said to constitute an unnecessary and wanton infliction of pain or to be repugnant to the conscience of mankind. Thus, a complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment. Medical malpractice does not become a constitutional violation merely because the victim is a prisoner. In order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs. Id. at 105-06 (quotations omitted). Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 11 of 21
12 Differences in judgment between an inmate and prison medical personnel regarding the appropriate medical diagnoses or treatment are not enough to state a deliberate indifference claim. Sanderfer v. Nichols, 62 F.3d 151, 154-55 (6th Cir. 1995); Ward v. Smith, No. 95-6666, 1996 WL 627724, at *1 (6th Cir. Oct. 29, 1996). This is so even if the misdiagnosis results in an inadequate course of treatment and considerable suffering. Gabehart v. Chapleau, No. 96-5050, 1997 WL 160322, at *2 (6th Cir. Apr. 4, 1997). The Sixth Circuit distinguishes “between cases where the complaint alleges a complete denial of medical care and those cases where the claim is that a prisoner received inadequate medical treatment.” Westlake v. Lucas, 537 F.2d 857, 860 n.5 (6th Cir. 1976). If “a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which sound in state tort law.” Id.; Rouster v. Saginaw Cty., 749 F.3d 437, 448 (6th Cir. 2014); Perez v. Oakland Cty., 466 F.3d 416, 434 (6th Cir. 2006); Kellerman v. Simpson, 258 F. App’x 720, 727 (6th Cir. 2007); McFarland v. Austin, 196 F. App’x 410 (6th Cir. 2006); Edmonds v. Horton, 113 F. App’x 62, 65 (6th Cir. 2004); Brock v. Crall, 8 F. App’x 439, 440 (6th Cir. 2001); Berryman v. Rieger, 150 F.3d 561, 566 (6th Cir. 1998). “Where the claimant received treatment for his condition, as here, he must show that his treatment was ‘so woefully inadequate as to amount to no treatment at all.’” Mitchell 553 F. App’x at 605 (quoting Alspaugh v. McConnell, 643 F.3d 162, 169 (6th Cir. 2011)). He must demonstrate that the care he received was “so grossly incompetent, inadequate, or excessive as to shock the conscience or to be intolerable Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 12 of 21
13 to fundamental fairness.” Miller v. Calhoun Cty., 408 F.3d 803, 819 (6th Cir. 2005) (quoting Waldrop v. Evans, 871 F.2d 1030, 1033 (11th Cir. 1989)). Here, Hinds admits that he was seen by Nurse Haapala within the same hour as the alleged assault. ECF No. 1, PageID.3. Hinds’s verified complaint includes the following allegations against Haapala: ECF No. 1, PageID.4. In his deposition, Hinds said that his complaint against Nurse Haapala was that she refused to provide him with a tissue or to clean him up. ECF No. 52-1, PageID.366. Hinds’s medical record from January 1 and 2, 2024, indicates that he did receive care. The record includes documentation from three clinical encounters with Nurse Haapala following the January 1, 2024, incident. First, at 1:22PM, Nurse Haapala examined Hinds after chemical agent exposure and noted the following regarding his nose: Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 13 of 21
14 ECF No. 34-4, PageID.181. Nurse Haapala’s report on this “clinical encounter” also notes that she completed a physical examination of Hinds, recording his temperature, pulse, respiration rate, blood pressure and blood oxygen. Id., PageID.182. Less than an hour later, she made the following administrative note after a second encounter with Hinds: Id., PageID.184. Then, on January 2, 2024, Nurse Haapala documented another attempt to examine Hinds. Nurse Haapala noted the following in Hinds’s medical record: Id., PageID.185. Hinds has not challenged the veracity of these medical records, which indicate that Hinds was not seriously injured. Thus he has failed to establish a genuine issue of material fact with respect to the objective component of a deliberate indifference claim. However, even assuming Hinds suffered a sufficiently serious injury, there is no genuine issue of material fact as to the subjective component. The record does not establish that Nurse Haapala had a culpable state of mind to satisfy the Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 14 of 21
15 subjective component of a deliberate indifference claim. In fact, the record before the Court demonstrates that Haapala completed an examination of Hinds, recording his vital signs and finding that he was not seriously injured. ECF No. 52-1, PageID.181-183. But thereafter, Hinds refused attempts at additional care by Nurse Haapala. Id., PageID.184, 185. Hinds disagrees with the adequacy of the care he initially received and then he refused care entirely. Based on this record, the undersigned concludes that Hinds has failed to establish a genuine issue of material facts as to his deliberate indifference claim against Nurse Haapala. Accordingly, the undersigned respectfully recommends that the Court grant Defendants’ motion for summary judgment and dismiss Hinds’s Eighth Amendment deliberate indifference claim against Nurse Haapala. d. Fourteenth Amendment Equal Protection Hinds asserts that CO Thomas and the unidentified ERT members violated his Fourteenth Amendment right to equal protection during the cell extraction and alleged assault. ECF No. 1, PageID.4. Defendants argue that Hinds’s claim is merely conclusory. ECF No. 34, PageID.148. The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” U.S. Const. amend. XIV, § 1. To state an equal protection claim, a plaintiff “must adequately plead that the government treated the plaintiff ‘disparately as compared to similarly situated persons and that such disparate treatment either burdens a fundamental right, targets a suspect class, or has no rational basis.” Center for Bio-Ethical Reform, Inc. v. Napolitano, 648 F.3d Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 15 of 21
16 365, 379 (6th Cir. 2011). The Supreme Court has also recognized what is referred to as a “class-of-one” equal protection claim in which the plaintiff does not allege membership in a particular class or group but instead alleges that he “has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.” Davis v. Prison Health Services, 679 F.3d 433, 441 (6th Cir. 2012). Here, Hinds asserts in his Complaint that Defendants violated his right to equal protection without further explanation. ECF No. 1, PageID.3-4. In the undersigned’s opinion, Hind’s allegations are conclusory and fail to establish a genuine issue of material fact. See Steed v. Harry, No. 1:17-CV-540, 2017 WL 3205764, at *6 (W.D. Mich. July 28, 2017) (“[V]ague, conclusory allegations of discrimination are not enough to state an equal protection claim.”); Chapman v. City of Detroit, 808 F.2d 459, 465 (6th Cir. 1986) (“It is not enough for a complaint under § 1983 to contain mere conclusory allegations of unconstitutional conduct by persons acting under color of state law.”) Therefore, in the opinion of the undersigned, there are no genuine issues of material fact regarding Hinds’s equal protection claim. Accordingly, the undersigned respectfully recommends that the Court grant Defendants’ motion for summary judgment as it pertains to Plaintiff’s Fourteenth Amendment equal protection claim. VI. Qualified Immunity Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 16 of 21
17 Defendants argue that they are entitled to dismissal of the complaint against them based upon qualified immunity. “Under the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Phillips v. Roane Cty., 534 F.3d 531, 538 (6th Cir. 2008) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). Once a defendant raises the qualified immunity defense, the burden shifts to the plaintiff to demonstrate that the defendant officer violated a right so clearly established “that every ‘reasonable official would have understood that what he [was] doing violate[d] that right.’” Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011) (quoting Anderson v. Creighton, 483 U.S. 635, 640 (1987)). The analysis entails a two-step inquiry. Martin v. City of Broadview Heights, 712 F.3d 951, 957 (6th Cir. 2013). First, the court must “determine if the facts alleged make out a violation of a constitutional right.” Id. (citing Pearson v. Callahan, 555 U.S. 223, 232 (1982)). Second, the court asks if the right at issue was “‘clearly established’ when the event occurred such that a reasonable officer would have known that his conduct violated it.” Id. (citing Pearson, 555 U.S. at 232). A court may address these steps in any order. Id. (citing Pearson, 555 U.S. at 236). A government official is entitled to qualified immunity if either step of the analysis is not satisfied. See Citizens in Charge, Inc. v. Husted, 810 F.3d 437, 440 (6th Cir. 2016). Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 17 of 21
18 In applying the first step of the qualified immunity analysis, a court must identify “the specific constitutional right allegedly infringed” and determine whether a violation occurred. Graham v. Connor, 490 U.S. 386, 394 (1989). The court considers the state of the law at the second step. As the Supreme Court has observed, “this Court’s case law does not require a case directly on point for a right to be clearly established, [but] existing precedent must have placed the statutory or constitutional question beyond debate.” White v. Pauly, 580 U.S. 73, 78 (2017) (internal quotation marks and original brackets omitted) (quoting Mullenix v. Luna, 577 U.S. 7, 11 (2015)). As explained by the Supreme Court: To be clearly established, a legal principle must have a sufficiently clear foundation in then-existing precedent. The rule must be “settled law,” Hunter v. Bryant, 502 U.S. 224, 228, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991) (per curiam), which means it is dictated by “controlling authority” or “a robust ‘consensus of cases of persuasive authority,’ ” al–Kidd, supra, at 741–742, 131 S.Ct. 2074 (quoting Wilson v. Layne, 526 U.S. 603, 617, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999)). It is not enough that the rule is suggested by then-existing precedent. The precedent must be clear enough that every reasonable official would interpret it to establish the particular rule the plaintiff seeks to apply. See Reichle, 566 U.S., at 666, 132 S.Ct. 2088. Otherwise, the rule is not one that “every reasonable official” would know. Id., at 664, 132 S.Ct. 2088 (internal quotation marks omitted). The “clearly established” standard also requires that the legal principle clearly prohibit the officer’s conduct in the particular circumstances before him. The rule’s contours must be so well defined that it is “clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Saucier v. Katz, 533 U.S. 194, 202, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). This requires a high “degree of specificity.” Mullenix v. Luna, 577 U.S. ––––, ––––, 136 S.Ct. 305, 309, 193 L.Ed.2d 255 (2015) (per curiam). We have repeatedly stressed that courts must not “define clearly established law at a high level of generality, since doing so avoids the crucial question whether the official acted reasonably in the particular circumstances that he or she faced.” Plumhoff, supra, at 2023 (internal quotation marks and citation omitted). A rule is too general if the unlawfulness of the officer’s conduct “does not follow immediately Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 18 of 21
19 from the conclusion that [the rule] was firmly established.” Anderson, supra, at 641, 107 S.Ct. 3034. In the context of a warrantless arrest, the rule must obviously resolve “whether ‘the circumstances with which [the particular officer] was confronted ... constitute[d] probable cause.’” Mullenix, supra, at 309 (quoting Anderson, supra, at 640–641, 107 S.Ct. 3034; some alterations in original). D.C. v. Wesby, 583 U.S. 48, 63−64 (2018). In the qualified immunity context, if the facts alleged and evidence produced, viewed in the light most favorable to the plaintiff, would permit a reasonable juror to find that the officer violated a clearly established constitutional right, dismissal by summary judgment is inappropriate. Barton v. Martin, 949 F.3d 938, 947 (6th Cir. 2020) (citing Morrison v. Bd. of Trs. of Green Twp., 583 F.3d 394, 400 (6th Cir. 2009)). Here, because it is the opinion of the undersigned that there are no genuine issues of material fact regarding Nurse Haapala and it is the undersigned’s opinion that Nurse Haapala did not violate Plaintiffs’ rights, it is also the undersigned’s opinion that Nurse Haapala is entitled to qualified immunity in her individual capacities. See Phillips v. Roane Cty., 534 F.3d 531, 538 (6th Cir. 2008) (“Under the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982))). However, in the opinion of the undersigned, there are genuine issues of material facts remaining regarding Plaintiff’s excessive force claims against CO Thomas. As such, it is the opinion of the undersigned that CO Thomas is not entitled to qualified immunity in his individual capacities. Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 19 of 21
20 VII. The Unserved Defendants In his complaint, Hinds alleges Eighth and Fourteenth Amendment claims against two unidentified “ERT members.” ECF No. 1, PageID.4. Since Hinds has failed to identify these Defendants, they have not been served with a summons and complaint. In the opinion of the undersigned, the unserved Defendants should be dismissed without prejudice under Fed. R. Civ. P. 4(m). Rule 4(m) provides that the Court must, after providing Plaintiff with notice, either dismiss or order service within a specified time frame against a Defendant who has not been served within 90 days after the complaint was filed. Fed. R. Civ. P. 4(m). Hinds is hereby notified that the undersigned recommends dismissal of the unserved Defendants pursuant to Rule 4(m). VIII. Recommendation As set forth above, in the opinion of the undersigned, there remains a genuine issue of material fact as to Hinds’s Eighth Amendment excessive force claim against CO Thomas. Accordingly, it is respectfully recommended that the Court deny Defendants’ motion for summary judgment regarding the excessive force claim against CO Thomas. However, in the opinion of the undersigned, there are no genuine issues of material fact regarding Hinds’s First Amendment retaliation, Eighth Amendment deliberate indifference, and Fourteenth Amendment equal protection claims. Accordingly, it is respectfully recommended that the Court grant Defendants’ motion Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 20 of 21
21 for summary judgment regarding these claims and dismiss Nurse Haapala from the case. Additionally, the undersigned respectfully recommends that the Court dismiss the unserved Defendants from the case pursuant to Fed. R. Civ. P. 4(m). If the Court accepts this recommendation, only Hinds’s excessive force claim against CO Thomas will remain. Dated: February 4, 2026 /s/ `ttÜàxÇ ixÜÅttà MAARTEN VERMAAT U.S. MAGISTRATE JUDGE NOTICE TO PARTIES Any objections to this Report and Recommendation must be filed and served within fourteen days of service of this notice on you. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b). All objections and responses to objections are governed by W.D. Mich. LCivR 72.3(b). Failure to file timely objections may constitute a waiver of any further right of appeal. United States v. Walters, 638 F.2d 947 (6th Cir. 1981); see Thomas v. Arn, 474 U.S. 140 (1985). Case 2:24-cv-00144-HYJ-MV ECF No. 61, PageID.<pageID> Filed 02/04/26 Page 21 of 21
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