Baker v. Johnson

This Michigan State prisoner moves this Court to appoint him counsel in his appeal from a district court judgment granting the defendants summary judgment in this action instituted under 42 U.S.C. ? 1983.Seeking injunctive and monetary relief from various officials of the Michigan Department of Corrections, plaintiff raised many allegations in his complaints and affidavit generally regarding the denial of procedural due process, cruel and unusual conditions and medical mistreatment, retaliatory treatment and threats of transfer, and the denial of visitation, telephone usage and property. The defendants filed several motions to dismiss or for summary judgment and they denied all wrongdoing and claimed immunity. In their final motion to dismiss or for summary judgment, the defendants argued that the plaintiff could not rest on his pleadings to defeat a motion for summary judgment; and, they also attached a lengthy affidavit which addressed allegations raised by the plaintiff. The allegations charged the defendants with lying in their affidavits and in their testimony given at a hearing conducted on plaintiffs motion for a preliminary injunction held on December 14, 1982.