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HARDIN v. STRAUB

No. 91-1220.

954 F.2d 1193 (1992)

Tyrone V. HARDIN, Plaintiff-Appellee, v. Dennis STRAUB, Defendant-Appellant, Dwayne Sholes and John Doe, # 1-# 11 individually and in their official capacities, jointly and severally, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided January 27, 1992.

Attorney(s) appearing for the Case

Julie Kunce Field (argued and briefed), Michigan Clinical Law Program, Ann Arbor, Mich., for plaintiff-appellee.

Deborah K. Isom, Asst. Atty. Gen. (argued and briefed), Office of the Atty. Gen., Corrections Div., Lansing, Mich., for defendant-appellant Dennis Straub.

Before RYAN, Circuit Judge, WELLFORD, Senior Circuit Judge, and HIGGINS, District Judge.

RYAN, Circuit Judge.

Defendant Dennis Straub appeals from the district court's order denying, in part, Straub's motion for summary judgment in plaintiff Tyrone V. Hardin's 42 U.S.C. § 1983 suit against Straub. Hardin's suit alleges that Straub, a Michigan state prison official, deprived Hardin, an inmate, of his due process rights under the Fourteenth Amendment. The district court denied summary judgment on the ground that the Eleventh Amendment does not bar...

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