Cameron v. Bouchard ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMAAL CAMERON, RICHARD BRIGGS, RAJ LEE, MICHAEL CAMERON, and MATTHEW SAUNDERS, individually and on behalf of all others similarly situated, Plaintiffs, Civil Case No. 20-10949 Honorable Linda V. Parker v. MICHAEL BOUCHARD, CURTIS D. CHILDS, and OAKLAND COUNTY, Defendants. ____________________________________/ OPINION AND ORDER GRANTING PLAINTIFFS’ MOTION FOR RECONSIDERATION This matter is before the Court on Plaintiffs’ Motion for Reconsideration with respect to the dismissal of Oakland County Sheriff Michael Bouchard (“Sheriff Bouchard”) in its May 21, 2020 decision granting Plaintiffs’ Motion for Preliminary Injunction. Pursuant to Eastern District of Michigan Local Rule 7.1(h)(2), responses to motions for reconsideration generally are not allowed. Because Sheriff Bouchard is custodian of the Jail Class, he in fact is the proper respondent to their petition pursuant to 28 U.S.C. § 2241. See Gilmore v. Ebbert, 895 F.3d 834, 837 (6th Cir. 2018) (Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004)). Additionally, for the reasons stated in Plaintiffs’ motion, he may be a proper defendant with respect to their claim under 42 U.S.C. § 1983, an issue that has not been fully litigated at this early stage of the proceedings. Accordingly, IT IS ORDERED that Plaintiffs’ Motion for Reconsideration is GRANTED and Oakland County Sheriff Michael Bouchard IS REINSTATED as a Defendant/Respondent to this action. IT IS SO ORDERED. s/ Linda V. Parker LINDA V. PARKER U.S. DISTRICT JUDGE Dated: May 22, 2020