Travis Delshawn Shaw #775483 v. Heidi Washington et al.

Summary

The Report and Recommendation addresses Plaintiff Travis Delshawn Shaw’s motion for summary judgment in a 42 U.S.C. § 1983 action involving Eighth Amendment claims against Michigan Department of Corrections employees. The magistrate judge recommends denying the motion because Plaintiff did not meet the heightened summary judgment burden applicable to a party bearing the burden of proof and submitted no competent evidentiary support. The recommendation was issued after Defendant Scott Miller was dismissed from the action for Plaintiff’s failure to exhaust administrative remedies.

Holdings

1. The magistrate judge construed Plaintiff's filing as a motion for summary judgment on the merits of his claims against Fears and Ottenwess rather than as a response to Miller's prior motion.
2. Plaintiff did not satisfy the demanding burden for affirmative summary judgment because he failed to identify evidence showing that no reasonable jury could find against him.

Questions Presented

1. Whether Plaintiff's filing should be construed as a motion for summary judgment on the merits of his remaining Eighth Amendment claims.
2. Whether Plaintiff, as the party seeking summary judgment on claims for which he bore the burden of proof, presented evidence sufficient to establish that no reasonable jury could find against him.

Disposition

other