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LOCKETT v. SUARDINI

No. 06-2392.

526 F.3d 866 (2008)

James A. LOCKETT, Plaintiff-Appellant, v. Joseph SUARDINI, Harry Irvine, Nancy Blackford, and Maryrose Galloway, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 14, 2008.

Attorney(s) appearing for the Case

ARGUED: Kari L. Low, Dickinson Wright, Bloomfield Hills, Michigan, for Appellant. Linda Olivieri, Office of the Attorney General, Lansing, Michigan, for Appellees. ON BRIEF: Kari L. Low, Dickinson Wright, Bloomfield Hills, Michigan, for Appellant. Linda Olivieri, Office of the Attorney General, Lansing, Michigan, for Appellees. James A. Lockett, Marquette, Michigan, pro se.

GILMAN, J., delivered the opinion of the court, in which SUTTON, J., joined. MOORE, J. (pp. 878-79), delivered a separate opinion concurring in part and dissenting in part.

OPINION

RONALD LEE GILMAN, Circuit Judge.

James A. Lockett, a prisoner at the Alger Maximum Correctional Facility in Michigan, is serving a sentence of 7 to 15 years for assault. During a misconduct hearing at the prison, Lockett became angry and used crude language to insult the hearing officer. He claims that two prison guards responded by forcibly removing him from the hearing room and assaulting him, thereby causing him to suffer minor cuts and lacerations...

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