UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SARA OTRUSINA,

Plaintiff,

v. Case No. 09-12828

CHRIS CHRYSLER, et al., HONORABLE AVERN COHN

Defendants.

_______________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 69)

AND

GRANTING DEFENDANTS CRYSLER, McDANIEL, CHAPMAN, AND VALLIE’S

MOTION FOR SUMMARY JUDGMENT (Doc. 59)

I.

This is a pro se prisoner civil rights case. Plaintiff, an inmate in the custody of

the Michigan Department of Corrections, asserts claims under 42 U.S.C. § 1983 for

violation of her constitutional rights under the Eighth and Fourteenth Amendments. 

Broadly stated, plaintiff’s claims relate to a medical detail she has had since 1992

following a closed head injury. The medical detail allows plaintiff to possess specialized

equipment, including computer and related equipment. Plaintiff filed suit against the

following defendants:

Michigan Department of Corrections (MDOC) Director Patricia Caruso;

Heidi Washington, Warden at the Scott Correctional Facility during the relevant

time period; 

Chris Crysler, Acting Deputy Warden; 

Annae Sanders, Deputy Warden; 

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1

On October 28, 2010, the magistrate judge directed service on defendant

Mamididpake. To date, he has not responded to the complaint and it is unclear whether

service has been effectuated. 

2

Elvira Chapman, Assistant Resident Unit Supervisor; 

Tonya Watson, Resident Unit Manager; 

Dr. Vijaya Mamidipaka;1

Inspector Larry Goodwin; 

Corrections Officer Barbara McDaniel;

Huron Valley Complex Deputy Warden Carol Vallie

The matter was referred to a magistrate judge for all pretrial proceedings. 

Defendants Caruso and McDaniel filed a motion for summary judgment. Defendants

Crysler, Washington, Sanders, Chapman, Godwin, Watson, and Vallie filed a separate

motion for summary judgment. The magistrate judge issued a Report and

Recommendation (MJRR) recommending that the motions be granted in part and

denied in part. Specifically, the magistrate judge recommended the following:

1. Plaintiff’s claims against defendants Caruso, Washington, Sanders, and

Goodwin based on plaintiff’s failure to allege their personal involvement be

dismissed

2. Plaintiff’s due process claims relating to the confiscation or destruction of her

property be dismissed

3. Plaintiff’s request for emotional distress damages be dismissed

4. Plaintiff’s claims against defendants in their official capacities be dismissed.

5. Plaintiff’s deliberate indifference claims against the defendants Crysler,

McDaniel, Chapman, Mamidipaka, and Vallie in their individual capacities relating

to their alleged interference with or confiscation of property required by her

medical needs and allegedly improper amendment of her medical details

continue.

Plaintiff objected. The Court overruled plaintiff’s objections, adopted the MJRR,

and granted in part and denied in part the motions. See Doc. 58.

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2

As noted above, the only remaining defendant is Mamididpake.

3

Thereafter, defendants Crysler, McDaniel, Chapman, and Vallie filed a second

motion for summary judgment. Doc. 59. Plaintiff responded to the motion. Docs. 66,

67. The magistrate judge issued a MJRR recommending that defendants’ motion be

granted.

II.

Plaintiff has not objected to the MJRR and the time for filing objections has

passed. The failure to file objections to the MJRR waives any further right to appeal. 

Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). 

Likewise, the failure to object to the MJRR releases the Court from its duty to

independently review the motions. Thomas v. Arn, 474 U.S. 140, 149 (1985). 

However, the Court has reviewed the MJRR and agrees with the magistrate judge. 

III.

Accordingly, the findings and conclusions of the magistrate judge are ADOPTED

as the findings and conclusions of the Court. Defendants’ motion for summary

judgment is GRANTED.2

SO ORDERED.

Dated: September 8, 2011 S/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

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09-12828 Otrusina v. Chrysler, et al

Order Adopting R&R, etc.

4

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was mailed to Sara Otrusina, 

218362, Huron Valley Complex - Women's, 3201 Bemis Road, Ypsilanti, MI 48197 and

the attorneys of record on this date, September 8, 2011, by electronic and/or ordinary

mail.

 S/Julie Owens 

Case Manager, (313) 234-5160

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