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GILBERT v. FERRY

No. 04-1207.

401 F.3d 411 (2005)

Linda GILBERT, et al., Plaintiffs-Appellants, v. John D. FERRY, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 10, 2005.

Attorney(s) appearing for the Case

ARGUED: Richard L. Steinberg, Richard L. Steinberg, P.C., Detroit, Michigan, for Appellants. Gary P. Gordon, Office of the Attorney General, Lansing, Michigan, for Appellees. ON BRIEF: Richard L. Steinberg, Richard L. Steinberg, P.C., Detroit, Michigan, for Appellants. Margaret A. Nelson, Office of the Attorney General, Lansing, Michigan, for Appellees.

Before: BOGGS, Chief Judge; KENNEDY and MARTIN, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

The Plaintiffs filed this § 1983 action against four justices of the Michigan Supreme Court, seeking a declaration that the Defendant justices' failure to recuse themselves from two cases pending before the Michigan Supreme Court violated their Fourteenth Amendment due process right to a fair hearing before an impartial tribunal because the justices were biased against them.1 The district...

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