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CLARK-MURPHY v. FOREBACK

Nos. 05-1323, 05-1394.

439 F.3d 280 (2006)

Bonita CLARK-MURPHY, as Personal Rep. of the Estate of Jeffrey Clark, Deceased, Plaintiff-Appellee, v. Brian FOREBACK and Kristine Wakefield, Defendants-Appellants, Lee Gilman, Ginger Bayne, Bruce Stout, Anthony Vandervlucht, Joann Friedt, Don Wise, Shirley Whittaker, Rina Becher, Tom Lauters, Andy Dyer, Mike Harvey, Mark Fox, and Thomas Dowker, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 6, 2006.

Rehearing Denied March 2, 2006.

Attorney(s) appearing for the Case

ARGUED: Kevin R. Himebaugh, Office of the Attorney General, Corrections Division, Lansing, Michigan, for Appellants. Paul W. Broschay, Fieger, Fieger, Kenney & Johnson, Southfield, Michigan, for Appellee. ON BRIEF: Kevin R. Himebaugh, Office of the Attorney General, Corrections Division, Lansing, Michigan, for Appellants. Paul W. Broschay, Tammy J. Reiss, Geoffrey N. Fieger, Fieger, Fieger, Kenney & Johnson, Southfield, Michigan, for Appellee.

Before: MOORE and SUTTON, Circuit Judges; BUNNING, District Judge.

SUTTON, J., delivered the opinion of the court, in which BUNNING, D.J., joined.

MOORE, J. (pp. 293-295), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SUTTON, Circuit Judge.

At issue in this § 1983 action is whether the district court properly denied qualified immunity to 15 Michigan corrections officers on duty at various points during the isolation, dehydration and eventual death of inmate Jeffrey...

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