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RUSHA v. DOC

Docket No. 317693.

859 N.W.2d 735 (2014)

307 Mich. App. 300

RUSHA v. DEPARTMENT OF CORRECTIONS.

Court of Appeals of Michigan.

Decided October 21, 2014, at 9:15 a.m.

Attorney(s) appearing for the Case

Bendure & Thomas, Detroit (by Mark R. Bendure ) and McKeen & Associates, PC, Detroit (by Euel W. Kinsey ), for plaintiff.

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, and James T. Farrell , Assistant Attorney General, for defendant.

Before: SAAD, P.J., and O'CONNELL and MURRAY, JJ.

Defendant, Department of Corrections (DOC), appeals as of right the Court of Claims order denying its motion for summary disposition of plaintiff's allegation of cruel or unusual punishment in violation of the Michigan Constitution. On appeal, the DOC contends that plaintiff's failure to file

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