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ZAKORA v. CHRISMAN

No. 21-1620.

44 F.4th 452 (2022)

Estate of Seth Michael ZAKORA; Brandy Zakora, in her capacity as the Personal Representative of the Estate of Seth Michael Zakora, Plaintiffs-Appellants, v. Troy CHRISMAN; Matthew Huntley; Chadwick Mobley; Steve Johnson; Bonita J. Hoffner; Steve Rivard; Heidi E. Washington; Brandon Oaks; Russell Rurka; Heather Lass; James Wolodkin; James Coleman; Unknown Party, named as Jane Doe, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 10, 2022.

Attorney(s) appearing for the Case

ARGUED: Madeline M. Sinkovich , JOHNSON LAW, PLC, Detroit, Michigan, for Appellants. Kyla L. Barranco , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for the MSP Appellees. James T. Farrell , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for the MDOC Appellees. ON BRIEF: Madeline M. Sinkovich , Christopher Patrick Desmond , JOHNSON LAW, PLC, Detroit, Michigan, for Appellants. Kyla L. Barranco , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for the MSP Appellees. James T. Farrell , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for the MDOC Appellees.

GILMAN, J., delivered the opinion of the court in which MOORE, J., joined. SUTTON, C.J., (pp. 483-89), delivered a separate opinion concurring in part and dissenting in part.

Seth Michael Zakora died from an overdose of fentanyl in his prison cell at the Lakeland Correctional Facility (Lakeland) in Michigan. His mother, Brandy Zakora, as the personal representative of his estate, brought this lawsuit against a number of employees and officials with the Michigan Department of Corrections...

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