Orso 374067 v. Washington, 1:24-cv-01051

Plaintiff Christopher Michael Orso, a Michigan state prisoner, filed a pro se civil rights suit under 42 U.S.C. § 1983 against various Michigan Department of Corrections (MDOC) officials.
Orso’s allegations relate to events at Carson City Correctional Facility, including excessive force, denial of medical care, an alleged stabbing, and retaliation for grievances between 2019 and 2023.
Orso sought declaratory, injunctive, and monetary relief.
The Court reviewed the complaint under the Prison Litigation Reform Act (PLRA) prior to service of process.
The named defendants had not been served at the time of review; only Orso had consented to proceed before a U.S. Magistrate Judge.
The Court also ruled on Orso’s motion for appointment of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Dismissal for Failure to State a Claim	Sufficient facts show unconstitutional conduct	No personal involvement alleged	Dismissed – Complaint fails Rule 8 standards
Statute of Limitations on § 1983 Claims	Claims timely based on events from 2019-2023	Claims pre-September 2021 are untimely	Claims before Sep 2021 are time-barred/frivolous
Retaliation for Grievances (First Amendment)	Staff retaliated through Oct. 2023	No specific facts of protected conduct or adverse action	Retaliation claim is conclusory and insufficient
Appointment of Counsel	Indigent, requests counsel	Not necessary, not warranted	Denied – No exceptional circumstances

Bell Atl. Corp. v. Twombly, 550 U.S. 544 (Rule 8 pleading standard; complaint requires plausibility)
Ashcroft v. Iqbal, 556 U.S. 662 (Personal involvement required for § 1983 claims)
West v. Atkins, 487 U.S. 42 (§ 1983 requires action under color of state law)
Haines v. Kerner, 404 U.S. 519 (Pro se complaints construed liberally)
Monell v. Dep't of Soc. Servs. of City of New York, 436 U.S. 658 (No respondeat superior liability under § 1983)
Mount Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (Retaliation claim burden-shifting framework)