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FINLEY v. HUSS

No. 23-1083.

TIMOTHY FINLEY, Plaintiff-Appellant, v. ERICA HUSS, Deputy Warden, Marquette Branch Prison; SARAH SCHROEDER, Acting Deputy Warden, Marquette Branch Prison, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 22, 2024.

Attorney(s) appearing for the Case

ARGUED: Christine A. Monta , RODERICK & SOLANGE MACARTHUR JUSTICE CENTER, Washington, D.C., for Appellant.

Joshua S. Smith , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

ON BRIEF: Christine A. Monta , Daniel M. Greenfield , RODERICK & SOLANGE MACARTHUR JUSTICE CENTER, Washington, D.C., Aaron Littman , UCLA SCHOOL OF LAW, Los Angeles, California, for Appellant.

Joshua S. Smith , Keith G. Clark , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

McKEAGUE, J., delivered the opinion of the court in which GILMAN and THAPAR, JJ., concurred in different parts. GILMAN, J. (pp. 42-46), delivered a separate opinion concurring in part and dissenting in part. THAPAR, J. (pp. 47-52) also delivered a separate opinion concurring in part and dissenting in part.

OPINION

Timothy Finley is serving a Michigan prison sentence while suffering from severe psychiatric disorders. Over several weeks in 2016, Finley's mental health hit a breaking point: he repeatedly cut himself with—and swallowed—multiple razorblades. At the same time, his persistent misconduct made...

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