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McGHEE v. FOLTZ

No. 87-1612.

852 F.2d 876 (1988)

Connie Lee McGHEE, Plaintiff-Appellee, v. Dale FOLTZ, Warden, State Prison of Southern Michigan, Individually and in his Official Capacity, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 28, 1988.

Attorney(s) appearing for the Case

Brian MacKenzie, Asst. Atty. Gen., Lansing, Mich., Susan Harris (argued), for defendant-appellant.

Patricia Streeter, Detroit, Mich., Timothy P. Murphy (argued), Michael L. Donaldson, Livonia, Mich., for plaintiff-appellee.

Before LIVELY, MERRITT and BOGGS, Circuit Judges.

LIVELY, Circuit Judge.

This is an appeal by the warden of a Michigan medium security prison from a judgment for damages in favor of an inmate who was assaulted while standing in the gallery outside his cell. Following a bench trial the district court found that there was a pervasive risk of harm in the prison to which the warden failed to respond by providing adequate staffing in the plaintiff's cell block. This failure was found to constitute deliberate indifference...

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