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: 006111550042 Filed: 01/07/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: January 07, 2013 Ms. Joni M. Fixel Fixel Law Offices 4084 Okemos Rd., Suite B Okemos, MI 48864 Mr. Michael O. King Jr. Office of the Michigan Attorney General P.O. Box 30736 Lansing, MI 48909 Re: Case Nos. 11-1075/1213, Diaz, et al. v. MDOC, et al Originating Case Nos. : 1:09-cv-1109; 1:09-cv-1144 Dear Counsel, The court today announced its decision in the above-styled cases. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Ms. Tracey Cordes Enclosures Mandate to issue.

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