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CALE v. JOHNSON

No. 87-1970.

861 F.2d 943 (1988)

Louis CALE, Plaintiff-Appellant, v. J.R. JOHNSON, Warden, F.C.I.; et al., Defendants, James Wahl, Food Service Administrator, F.C.I., Milan, and Melvin Persky, Inmate and Clerk to James Wahl, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 17, 1988.

Attorney(s) appearing for the Case

Martin A. Geer, Eric M. Acker, Mark Bernstein, University of Michigan Law School, Clinical Law Program, Paul D. Reingold (argued), Ann Arbor, Mich., for plaintiff-appellant.

Geneva S. Halliday (argued), Asst. U.S. Atty., Detroit, Mich., for defendants-appellees.

Before MARTIN and NELSON, Circuit Judges, and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

Louis Cale appeals from the district court's grant of summary judgment in this Bivens action.1 For the following reasons, we reverse the district court's judgment and remand this case for further proceedings.

I.

Appellant Louis Cale was an inmate at the Federal Correctional Institution at Milan, Michigan (F.C.I. Milan) on November 19, 1982. On that date, at approximately 10:15 a.m...

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