Michael Gresham v. Michael Taylor, et al.

Summary

The United States District Court for the Western District of Michigan approved and adopted the magistrate judge’s report and recommendation, granted Defendant Michael Taylor’s motion for summary judgment, and denied Plaintiff Michael Gresham’s motion for a temporary restraining order. The court held that Gresham’s complaint was not properly verified under 28 U.S.C. § 1746 and therefore could not be treated as admissible summary-judgment evidence. The court concluded that the admissible record did not establish a triable issue on Gresham’s First Amendment retaliation or Eighth Amendment claims.

Holdings

1. A complaint is not a verified complaint admissible as summary-judgment evidence unless its unsworn declaration substantially complies with 28 U.S.C. § 1746, including a statement that the contents are made under penalty of perjury. Plaintiff's statement that he declared that everything was true "without perjury" did not satisfy that requirement.
2. The admissible evidence did not create a triable issue that Defendant Taylor retaliated against Plaintiff for filing grievances or lawsuits. Summary judgment was therefore proper on the retaliation claim.
3. The admissible evidence did not create a triable issue that Defendant Taylor caused or maliciously and sadistically inflicted unconstitutional harm on Plaintiff. Summary judgment was therefore proper on the Eighth Amendment claim.
4. Plaintiff's motion for a temporary restraining order was denied.

Questions Presented

1. Whether Plaintiff's complaint qualified as a verified complaint or admissible declaration under 28 U.S.C. § 1746 and could be considered as evidence opposing summary judgment.
2. Whether the admissible summary-judgment record created a triable issue on Plaintiff's First Amendment retaliation claim.
3. Whether the admissible summary-judgment record created a triable issue on Plaintiff's Eighth Amendment claim arising from the alleged shower assault and foot wound.
4. Whether Plaintiff was entitled to a temporary restraining order.

Disposition

other