Opinion

Brown v. Haiderer

Court
District Court, E.D. Michigan
Filed
Jul 12, 2023
Cited by
0 cases
Authority
More cited than 23.6%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DAVID BROWN,

Plaintiff,

Case No. 21-cv-11565

v. Hon. Matthew F. Leitman

SUSAN MCCAULEY, et al.,

Defendants.

_______________________________________________________________________/

ORDER RESOLVING (1) DEFENDANT DONALD HAIDERER’S OBJECTIONS

(ECF No. 68) TO REPORT AND RECOMMENDATION (ECF No. 66) AND (2)

PENDING MOTIONS FOR SUMMARY JUDGMENT (ECF Nos. 58, 60)

Plaintiff David Brown is a prisoner currently under the custody of the Michigan

Department of Corrections (“MDOC”). In this civil action, Brown alleges, among other

things, that he received inadequate medical treatment while he was incarcerated in the

Saginaw Correctional Facility (“SCF”) in 2021. He claims that Defendants Donald

Haiderer (an optometrist who works at SCF) and Susan McCauley (the Healthcare Unit

Manager at SCF) violated his rights under the Eighth Amendment, the Americans with

Disabilities Act, 42 U.S.C. § 12101 et seq. (the “ADA”), and the Rehabilitation Act, 29

U.S.C. § 794 et seq. (the “RA”). The parties dispute whether Brown’s allegations also

include a First Amendment claim of retaliation against Haiderer and McCauley.

On January 26, 2023, Dr. Haiderer moved for summary judgment on Brown’s

claims against him. (See Haiderer Mot., ECF No. 58.) A day later, McCauley also moved

for summary judgment. (See McCauley Mot., ECF No. 60.) On March 15, 2023, the

assigned Magistrate Judge entered a Report and Recommendation (the “R & R”), in which

she recommended that the Court deny Haiderer’s Motion for Summary Judgment as to

Brown’s Eighth Amendment Deliberate Indifference claim and his First Amendment

Retaliation claim, but grant the motion as to all other claims against Haiderer. (See R & R,

ECF No. 66.) She further recommended that the Court grant McCauley’s motion and enter

judgment in her favor on all claims against her. (See id.) Haiderer filed Objections to the

R & R on March 29, 2023. (See Obj., ECF No. 68.) Brown has not filed any Objections to

the portions of the R & R that are adverse to him.

On July 10, 2023, the Court held a hearing on Haiderer’s Objections to the R & R.

For the reasons explained on the record during that hearing, the Court rules as follows:

 Haiderer’s Objections (ECF No. 68) are OVERRULED IN PART and

SUSTAINED IN PART. The Objections are OVERRULED to the extent that

Haiderer objects to the recommendation that the Court deny his motion for summary

judgment on Brown’s Eighth Amendment claim. That portion of Haiderer’s motion

(ECF No. 58) is DENIED WITHOUT PREJUDICE to Haiderer’s ability to renew

the motion following settlement efforts. The Objections are SUSTAINED to the

extent that Haiderer contends that he has not waived his right to challenge Brown’s

First Amendment retaliation claim (and/or to argue that Brown has not brought such

a claim). Haiderer may move for summary judgment on the First Amendment

retaliation claim (and may argue in that motion that Brown has not brought such a

claim) following settlement efforts.

 Defendant Haiderer’s Motion for Summary Judgment (ECF No. 58) is GRANTED

to the extent that Dr. Haiderer seeks judgment in his favor on Brown’s claims under

the ADA and the RA. Brown did not file any objections to the recommendation in

the R & R that judgment be entered against Brown on these claims, and the Court

has no duty to conduct an independent review of the portions of the R & R to which

the parties did not object. See Thomas v. Arn, 474 U.S. 140, 149 (1985).

As further explained on the record, Defendant McCauley’s Motion for Summary Judgment

(ECF No. 60) is GRANTED.

Finally, for the reasons discussed on the record, the Court will appoint counsel for

the limited purpose of representing and advising Brown in settlement negotiations. If those

settlement efforts are unsuccessful, Dr. Haiderer will be permitted to file a renewed motion

for summary judgment as described above.

IT IS SO ORDERED.

s/Matthew F. Leitman

MATTHEW F. LEITMAN

UNITED STATES DISTRICT JUDGE

Dated: July 12, 2023

I hereby certify that a copy of the foregoing document was served upon the parties and/or

counsel of record on July 12, 2023, by electronic means and/or ordinary mail.

s/Holly A. Ryan

Case Manager

(313) 234-5126

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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