[Download] "Howard v. Grinage" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: Howard v. Grinage
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 01, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

ROBERT B. KRUPANSKY, Senior Circuit Judge. Plaintiff-Appellant, Gregory Howard, has appealed the district courts summary judgment in favor of the defendant prison officials in this prisoner civil rights action filed under 42 U.S.C. § 1983. Howards claims have been previously considered by this court in Perry v. Foltz, 860 F.2d 1080 (6th Cir. 1988) (unpublished per curiam). In that case, the court affirmed the district courts grant of summary judgment dismissing plaintiffs claims charging denial of access to the courts and inadequate living conditions. It reversed the summary judgment dismissing his two remaining claims, concluding that genuine issues of material fact existed concerning whether defendants had been deliberately indifferent to plaintiffs safety and whether plaintiffs continued confinement in administrative segregation constituted a deprivation of his liberty interest. After a four-day bench trial on remand, Howard charged in post-trial briefs that he had been denied his right to due process because his custody classification level had been increased from a close to maximum custody classification without notice, a hearing or a written waiver; and because of his continued confinement in administrative segregation after the reason for such incarceration no longer existed. The trial court issued a written opinion in which it concluded that plaintiff had not been deprived of his due process rights and was therefore not entitled to compensatory or nominal damages under § 1983.

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