Ricardo Diaz v. MDOC, et al

Filing

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]

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. [phone]
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.