BERKSHIRE v. BEAUVAIS

Nos. 17-1993 17-2039.

928 F.3d 520 (2019)

Randy BERKSHIRE (17-1993 & 17-2039), Plaintiff-Appellee, v. Debra Dahl, Donna BEAUVAIS, Christopher Sermo, and Michael Nelson (17-2039); Vasilis Pozios (17-1993), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 28, 2019.


Attorney(s) appearing for the Case

ARGUED: Dale A. Robinson , RUTLEDGE, MANION, RABAUT, TERRY & THOMAS, P.C., Detroit, Michigan, for Appellant in 17-1993. Adam R. de Bear , OFFICE OF THE ATTORNEY GENERAL, Lansing, Michigan, for Appellants in 17-2039. Conor T. Fitzpatrick , MILLER, CANFIELD, PADDOCK AND STONE, P.L.C., Detroit, Michigan, for Appellee. ON BRIEF: Dale A. Robinson , RUTLEDGE, MANION, RABAUT, TERRY & THOMAS, P.C., Detroit, Michigan, for Appellant in 17-1993. Adam R. de Bear , OFFICE OF THE ATTORNEY GENERAL, Lansing, Michigan, for Appellants in 17-2039. Conor T. Fitzpatrick , MILLER, CANFIELD, PADDOCK AND STONE, P.L.C., Detroit, Michigan, for Appellee.

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


OPINION

Randy Berkshire was formerly an inmate incarcerated at the Macomb Correctional Facility in Michigan. There, he experienced a parade of horribles. The question is whether those responsible violated Berkshire's clearly established constitutional rights. Different facts and different law apply to...

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