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TAYLOR v. MICHIGAN DEPT. OF CORRECTIONS

No. 94-1479.

69 F.3d 76 (1995)

Timothy TAYLOR, Plaintiff-Appellant, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

October 26, 1995.

Attorney(s) appearing for the Case

Timothy Taylor, Jackson, MI, pro se.

Daniel E. Manville, Ann Arbor, MI, for Plaintiff-Appellant.

Thomas E. McClear, Donald L. Allen, Office of the Attorney General, Corrections Division, Lansing, MI, for Defendant-Appellee.

Before: MERRITT, Chief Judge; KEITH and WELLFORD, Circuit Judges.

MERRITT, C.J., delivered the opinion of the court, in which KEITH, J., joined. WELLFORD, J. (pp. 84-88), delivered a separate dissenting opinion.

MERRITT, Chief Judge.

Plaintiff appeals the grant of summary judgment in this § 1983 action in favor of the remaining defendant, Dale Foltz, the former Warden of the state prison of southern Michigan. The heart of plaintiff's Eighth Amendment claim is that Warden Foltz knew about the risk of sexual assault in...

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