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LeMARBE v. WISNESKI

No. 00-1383.

266 F.3d 429 (2001)

Richard LeMARBE, Plaintiff-Appellee, v. Jerome J. WISNESKI, Defendant-Appellant, Sharon Fairbanks; Dennis Straub, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 19, 2001.

Attorney(s) appearing for the Case

ARGUED: John L. Thurber, OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS DIVISION, Lansing, Michigan, for Appellant.

John M. Leh, SERMAN & LEH, Lake Orion, Michigan, for Appellee.

ON BRIEF: John L. Thurber, OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS DIVISION, Lansing, Michigan, for Appellant.

John M. Leh, SERMAN & LEH, Lake Orion, Michigan, for Appellee.

Before KEITH, BATCHELDER, and MOORE, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

MOORE, J., delivered the opinion of the court, in which KEITH, J., joined. BATCHELDER, J. (pp. 441-42), delivered a separate dissenting opinion.

OPINION

MOORE, Circuit Judge.

On June 30, 1998, Plaintiff-Appellee Richard LeMarbe ("LeMarbe"), a Michigan state prisoner, filed this lawsuit against Cotton Correctional Facility, Duane L. Waters Hospital, Sharon Fairbanks, Dennis Straub, Defendant-Appellant Dr...

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