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DOMINGUEZ v. CORRECTIONAL MEDICAL SERVICES

No. 08-1212.

555 F.3d 543 (2009)

Luis DOMINGUEZ, Plaintiff-Appellee, v. CORRECTIONAL MEDICAL SERVICES, et al., Defendants, Julie Fletcher, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 17, 2009.

Attorney(s) appearing for the Case

ARGUED: John L. Thurber, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Shawn C. Cabot, Christopher Trainor & Associates, White Lake, Michigan, for Appellee. ON BRIEF: John L. Thurber, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Shawn C. Cabot, Christopher J. Trainor, Christopher Trainor & Associates, White Lake, Michigan, for Appellee.

Before: MERRITT, MOORE, and COLE, Circuit Judges.

OPINION

COLE, Circuit Judge.

Plaintiff-Appellee Luis Dominguez filed his claims under 42 U.S.C. § 1983 alleging that on July 7, 2002, while housed at a Michigan Department of Corrections ("MDOC") facility, he was subjected to excessive force and inadequate medical care in violation of the Eighth Amendment, as well as gross negligence under Michigan state law. The issue before this Court is whether the district court properly denied Defendant-Appellant...

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