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CODD v. BROWN

No. 91-1554.

949 F.2d 879 (1991)

Walter CODD, Plaintiff-Appellant, v. Robert BROWN, Jr.; William Grant; and Lorna Elkins, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 22, 1991.

Attorney(s) appearing for the Case

Daniel E. Manville (argued and briefed), Detroit, Mich., for plaintiff-appellant.

Deborah K. Isom, (argued and briefed), Asst. Atty. Gen., Office of the Atty. Gen., Corrections Div., Lansing, Mich., for defendants-appellees.

Before KENNEDY and SUHRHEINRICH, Circuit Judges, and ENGEL, Senior Circuit Judge.

KENNEDY, Circuit Judge.

Plaintiff-appellant Walter Codd appeals the District Court's order granting the defendants summary judgment on plaintiff's action under 42 U.S.C. § 1983. The District Court concluded that, under the law of this Circuit, Codd, a state prisoner, was effectively suing the defendants in their official capacity, and therefore the suit was barred by the Eleventh Amendment. Upon a review of the record, we do not reach the District Court's Eleventh...

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