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WALKER v. BAIN

Nos. 99-2001, 99-2004, 99-2349.

257 F.3d 660 (2001)

William H. WALKER, Jr., Plaintiff-Appellee/Cross-Appellant (99-2001/2349)/Cross-Appellees, v. Thomas BAIN, Guard; Janice Metzger, Defendants-Appellants (99-2001/2349)/Cross-Appellees, Thomas Birkette, Warden, Defendant, United States of America, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 20, 2001.

Attorney(s) appearing for the Case

ARGUED: Deric J. Bomar (argued and briefed), John W. Smith, Dykema Gossett, Detroit, MI, for Plaintiff-Appellee.

ON BRIEF: Linda M. Olivieri (argued and briefed), Office of Attorney General, Corrections Division, Lansing, MI, for Defendant-Appellant.

John C. Hoyle (briefed), Daniel Kaplan (argued and briefed), U.S. Department of Justice, Civil Rights Division, Washington, DC, for Intervenor.

Todd R. Marti (briefed), Office of Attorney General Corrections Litigation Section, Columbus, OH, for Amicus Curiae.

Before: KEITH, NORRIS, and DAUGHTREY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206.

KEITH, J., delivered the opinion of the court, in which ALAN E. NORRIS, J., joined. DAUGHTREY, J. (pp. 674-80), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KEITH, Circuit Judge.

Plaintiff-appellee William Walker, a Michigan state prisoner, brought suit against corrections officers claiming First Amendment retaliation in violation of 42 U.S.C. § 1983. A jury returned...

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