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]

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Case: 11-1075 Document: 006111550041 Filed: 01/07/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 11-1075 FILED RICARDO DIAZ, Plaintiff-Appellant, Jan 07, 2013 DEBORAH S. HUNT, Clerk v. MICHIGAN DEPARTMENT OF CORRECTIONS; ROGER TIJERNIA, in his official and personal capacity; JOHN PRELESNIK, Warden, in his official and personal capacity, Defendants-Appellees. No. 11-1213 CONNIE BODEN, Plaintiff-Appellant, v. MICHIGAN DEPARTMENT OF HUMAN SERVICES, a department of the State of Michigan, jointly and severally; DEBORAH COLE, Defendants-Appellees. Before: ROGERS and KETHLEDGE, Circuit Judges; MARBLEY, District Judge. JUDGMENT 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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