Summary
This Report and Recommendation addresses Plaintiff Michael Gresham’s motion for summary judgment against Defendant Michael Taylor in a civil rights action arising from alleged prison misconduct. The Magistrate Judge recommends denial because the Plaintiff failed to cite specific record evidence to support his First Amendment retaliation and Eighth Amendment claims, leaving genuine disputes of material fact. The document outlines the applicable Federal Rule of Civil Procedure 56 standard and concludes that the movant did not meet the burden for judgment as a matter of law.
Topics
Practice areas
Questions Presented
- Whether genuine issues of material fact exist as to Plaintiff's First Amendment retaliation claim.
- Whether genuine issues of material fact exist as to Plaintiff's Eighth Amendment claim of excessive force.
Holdings
- The motion for summary judgment is denied because genuine issues of material fact exist regarding the retaliation claim.
- The motion for summary judgment is denied because genuine issues of material fact exist regarding the alleged assault and labeling as a snitch.
Key quotations
““Movant and opponent alike ‘must support their factual positions either by directing the court’s attention to materials in the record or by showing that the cited materials do not establish the presence or absence of a genuine dispute or that the opposing party cannot produce any admissible evidence to support the fact.’ ””
Factual background
Plaintiff Michael Gresham alleges that Defendant Michael Taylor entered his cell in July 2023, took his personal items, and paid another inmate to assault him. Gresham claims Taylor labeled him a "snitch" and that the assault was retaliation for filing grievances and lawsuits. The alleged assault occurred on October 2, 2023.
Procedural history
Plaintiff filed a complaint alleging First Amendment and Eighth Amendment violations arising from alleged retaliation and assault by Defendant Michael Taylor at a correctional facility. Plaintiff subsequently moved for summary judgment, which the court considered and recommended denial.