Chambers v. Bouchard

Full title: MALACHI CHAMBERS, Plaintiff-Petitioner, v. MICHAEL BOUCHARD, CURTIS D…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Jun 11, 2020

Civil Case No. 20-10916 (E.D. Mich. Jun. 11, 2020)

Opinion

Civil Case No. 20-10916

06-11-2020

MALACHI CHAMBERS, Plaintiff-Petitioner, v. MICHAEL BOUCHARD, CURTIS D. CHILDS, and OAKLAND COUNTY, Defendants-Respondents.

Honorable Linda V. Parker

OPINION AND ORDER

Plaintiff-Petitioner Malachi Chambers, an inmate at the Oakland County Jail, filed a complaint under 42 U.S.C. § 1983 and habeas petition under 28 U.S.C. § 2241, claiming that Defendants-Respondents are acting with deliberate indifference to the serious risk that COVID-19 poses to him. (ECF No. 23.) Plaintiff-Petitioner claims that he is a "medically-vulnerable" individual and, based on this, seeks "work release" or "home tether." (Id. at Pg. ID 305.) Plaintiff-Petitioner filed an Amended Complaint on April 30, 2020.¹ This matter is before the Court on Plaintiff-Petitioner's Emergency Motion for a Temporary Restraining Order² (ECF No. 9) and Defendants-Respondents' Amended Motion to Dismiss (ECF No. 27).

1 As Plaintiff-Petitioner filed an Amended Complaint, Defendants-Respondents' Motion to Dismiss the initial Complaint (ECF No. 8) is moot.

2 The motion was labeled when docketed as a motion for preliminary injunction, however, the motion itself is titled a motion for TRO and seeks only a TRO. --------

As Plaintiff-Petitioner concedes, Cameron v. Bouchard, Civil Case No. 20-10949, raises the same claims at issue in this case. On June 11, 2020, in Cameron, the Sixth Circuit granted Defendants-Appellants' Renewed Emergency Motion to Immediately Stay Proceedings Pending Determination of Appeal. Case No. 20-1469 (ECF No. 50.) The Sixth Circuit's decision prevents this Court from moving forward in the process of deciding whether any medically-vulnerable inmates at the Oakland County Jail should be released during the COVID-19 pandemic. This includes Plaintiff-Petitioner. As such, the Court determines that a stay in this case is appropriate.

IT IS HEREBY ORDERED that the proceedings in this case are STAYED pending the Sixth Circuit's decision in Cameron v. Bouchard.

IT IS SO ORDERED.

s/ Linda V. Parker

LINDA V. PARKER

U.S. DISTRICT JUDGE Dated: June 11, 2020