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CARLTON v. DEPARTMENT OF CORRECTIONS

Docket No. 160706.

546 N.W.2d 671 (1996)

215 Mich. App. 490

Adrian CARLTON, Plaintiff-Appellee, v. DEPARTMENT OF CORRECTIONS, Robert Brown, Jr., Director of the Department of Corrections, and Tekla Miller, Warden of Huron Valley Mens Facility, Defendants-Appellants.

Court of Appeals of Michigan.

Decided February 20, 1996, at 9:00 a.m.

Released for Publication April 29, 1996.

Attorney(s) appearing for the Case

Fraser Trebilcock Davis & Foster, Lansing, by Michael C. Levine, for plaintiff.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Leonard J. Malinowski, Assistant Attorney General, for defendants.

Before SMOLENSKI, P.J., and HOOD and CALLAHAN, JJ.

SMOLENSKI, Presiding Judge.

Defendants Michigan Department of Corrections (DOC); Robert Brown, Jr., director of the DOC; and Tekla Miller, warden of Huron Valley Men's Facility (HVMF), appeal as of right a judgment entered in favor of plaintiff Adrian Carlton by the Court of Claims following a bench trial. We reverse.

In November 1989, plaintiff, while incarcerated in HVMF's unit 2, received burn injuries when he negligently or intentionally set a fire in...

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