Martinique Stoudemire v. Michigan Department of Correct, et al

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OPINION and JUDGMENT filed : The denial of qualified immunity with respect to Stoudemire's section 1983 conditions of confinement claim against Davis is VACATED and REMANDED to the district court. The denial of qualified immunity with respect to Stoudemire's section 1983 conditions of confinement claim against Dunagan is AFFIRMED. The Defendants' motion regarding governmental immunity defenses under state law is REMANDED to the district court. Decision for publication. Danny J. Boggs and R. Guy Cole , Jr., Circuit Judges; and Solomon Oliver , Jr. (AUTHORING),Chief United States District Judge for the Northern District of Ohio, sitting by designation.

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Case: 11-1588 Document: 006111576080 Filed: 01/31/2013 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 31, 2013 Ms. Elizabeth R. Alexander American Civil Liberties Union National Prison Project 915 15th Street, N.W. 7th Floor Washington, DC 20005-0000 Mr. Clifton B. Schneider Office of the Michigan Attorney General P.O. Box 30217 Lansing, MI 48909 Ms. Patricia Annette Streeter 221 N. Main Street Suite 300 Ann Arbor, MI 48104-0000 Re: Case No. 11-1588, Martinique Stoudemire v. Mich. Dep’t of Corrections, et al. Originating Case No. : 2:07-cv-15387 Dear Counsel, The court today announced its decision in the above-styled case. 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 Case: 11-1588 Document: 006111576080 Filed: 01/31/2013 Cathryn Lovely Deputy Clerk cc: Mr. David J. Weaver Enclosures Mandate to issue. Page: 2

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