Ricardo Diaz v. MDOC, et al
OPINION and JUDGMENT filed : The district court's dismissal of all of Boden's claims is AFFIRMED. The dismissal of Diaz's FMLA claims brought under section 1983 (counts I and II) is AFFIRMED. The dismissal of Diaz's claim for reinstatement (count III) is REVERSED and REMANDED. Decision for publication. John M. Rogers and Raymond M. Kethledge, Circuit Judges and Algenon L. Marbley, U.S. District Judge for the Southern District of Ohio, sitting by designation. [11-1075, 11-1213]
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Jan 07, 2013
DEBORAH S. HUNT, Clerk
MICHIGAN DEPARTMENT OF CORRECTIONS;
ROGER TIJERNIA, in his official and personal capacity;
JOHN PRELESNIK, Warden, in his official and personal capacity,
MICHIGAN DEPARTMENT OF HUMAN SERVICES,
a department of the State of Michigan, jointly and severally;
Before: ROGERS and KETHLEDGE, Circuit Judges; MARBLEY, District Judge.
On Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
THIS CAUSE was heard on the record from the district court and was submitted on briefs
without oral argument.
IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s decision dismissing
all of Boden’s claims is AFFIRMED. We also AFFIRM the district court’s decision dismissing Diaz’s
FMLA claims brought under § 1983 (counts I and II), but REVERSE and REMAND the district court’s
decision dismissing Diaz’s claim for reinstatement (count III).
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk
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