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Reliance Solely On Guard's Version of Incident Improper

Loaded on Oct. 15, 2005 published in Prison Legal News October, 2005, page 32
Filed under: False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Civil Procedure, Summary Judgment, Qualified Immunity. Location: Michigan.
In an unpublished decision, the U.S. Sixth Circuit Court of Appeals reversed the summary judgment dismissal of a prisoner's civil rights action against Michigan prison guards holding that the district court had erroneously relied on the guards' version of disputed fats.

Robert L. Johnson, a Michigan state prisoner, claimed that …

 

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