United States Sixth Circuit

Where there was no evidence to suggest that, in directing plaintiffs to remove carpeting that exposed asbestos-containing tiles, any of the defendants made a deliberate decision to inflict pain or bodily injury on any of the plaintiffs, or that the defendants engaged in arbitrary conduct intentionally designed to punish the plaintiffs, the evidence could not establish a constitutional tort under section 1983, or enable plaintiffs to avoid the exclusive remedy provision of the Michigan Worker's Disability Compensation Act under the intentional tort exception.

Appellate Information

• Decided 04/04/2002
• Published 04/04/2002

Judges

• Before RYAN and GILMAN, Circuit Judges;  POLSTER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Philip E. Chaffee (argued and briefed), Law Office of Philip E. Chaffee, Grand Rapids, Michigan, for Plaintiffs-Appellants.


• For Appellees:
  
• Timothy D. Wittlinger (argued and briefed), Evelyn L. Sullen (briefed), Clark Hill PLC, Detroit, Michigan, for Defendants-Appellees.