SCOTT v. CHURCHILL

No. 03-2427.

377 F.3d 565 (2004)

David J. SCOTT, Plaintiff-Appellee, v. Patrick CHURCHILL, Inspector, Carson City Regional Facility, et al., Defendants, Philip Bair, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 23, 2004.


Attorney(s) appearing for the Case

S. Grace Davis (argued and briefed), David R. Cleveland (briefed), Miller, Johnson, Snell & Cummiskey, Grand Rapids, MI, for Plaintiff-Appellee.

Kevin R. Himebaugh (argued and briefed), Asst. Atty. Gen., Office of the Attorney General, Corrections Div., Lansing, MI, for Defendants-Appellants.

Before SILER, MOORE, and BALDOCK, Circuit Judges.


OPINION

MOORE, Circuit Judge.

Defendant-Appellant Philip Bair ("Bair") appeals from the denial of qualified immunity in Plaintiff-Appellee David J. Scott's ("Scott") § 1983 suit against him. Scott, a prisoner at the Michigan Department of Corrections Carson City Regional Facility, alleges that Bair, a guard at the facility, retaliated against Scott's exercise of his First Amendment rights by filing a false major misconduct ticket against Scott. This...

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