Richard Wershe, Jr. v. Thomas Combs, et al

Filing

OPINION and JUDGMENT filed : The dismissal of Wershe s due-process claim is AFFIRMED, the dismissal of his Eighth Amendment claim is VACATED, and the case is REMANDED to the district court for further proceedings consistent with the opinion of this court. Decision for publication. Karen Nelson Moore (AUTHORING) and John M. Rogers, Circuit Judges; John T. Nixon, U.S. District Judge for the Middle District of Tennessee, sitting by designation.

Case: 13-1209

Document: 18-3

Filed: 08/13/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 13-1209

FILED

RICHARD WERSHE, JR.,
Plaintiff - Appellant,

Aug 13, 2014
DEBORAH S. HUNT, Clerk

v.
THOMAS COMBS, Chairperson, Michigan Parole Board;
BARBARA S. SAMPSON, Member, Michigan Parole Board,
in their official and individual capacities,
Defendants - Appellees.
Before: MOORE and ROGERS, Circuit Judges; NIXON, 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 the
brief of the appellant without oral argument.
IN CONSIDERATION WHEREOF, it is ORDERED that the dismissal of Wershe’s dueprocess claim is AFFIRMED, the dismissal of his Eighth Amendment claim is VACATED, and
the case is REMANDED to the district court for further proceedings consistent with the opinion
of this court.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk