Charles Selby v. Patricia Caruso, et al

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OPINION and JUDGMENT filed: The district court's grant of summary judgment in favor of defendants is AFFIRMED IN PART and REVERSED IN PART, and the case is REMANDED for trial on Selby's due process claim. Decision for publication. Ronald Lee Gilman, Raymond M. Kethledge, and Jane Branstetter Stranch (AUTHORING), Circuit Judges.

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Case: 13-1248 Document: 006111869121 Filed: 10/31/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 13-1248 FILED CHARLES J. SELBY, Plaintiff - Appellant, Oct 31, 2013 DEBORAH S. HUNT, Clerk v. PATRICIA L. CARUSO, former Director of the Michigan Department of Corrections, JAMES MACMEEKIN, former Regional Prison Administrator, JERI-ANN SHERRY, Regional Prison Administrator, and GERALD HOFBAUER, former Warden, Marquette Branch Prison, in their personal and official capacities, Defendants - Appellees. Before: GILMAN, KETHLEDGE, and STRANCH, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Western District of Michigan at Marquette. THIS CAUSE was heard on the record from the district court and was submitted on the briefs without oral argument. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s grant of summary judgment in favor of defendants is AFFIRMED IN PART and REVERSED IN PART, and the case is REMANDED for trial on Selby’s due process claim. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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