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United States Sixth Circuit


Dixon v. Clem, 06-5060, 06-5468, 06-5856, 06-5857

In a 42 U.S.C. section 1983 action brought by a former teacher alleging state tribunal and related defendants violated his constitutional right to the due process of law by allowing "faked" photographs to be submitted against him, dismissal of the complaint and additional rulings against plaintiff are affirmed where: 1) dismissal of certain defendants on statute-of-limitations grounds was proper; 2) although dismissal of defendant-presiding officer on statute-of-limitations grounds was improper, affirmance was nonetheless appropriate in light of his legally meritorious immunity claim; 3) additionally, Rule 12(b)(6) dismissal of the complaint was proper for reasons beyond the statute-of-limitations; 4) sanctions against plaintiff's attorney were proper; and 5) denial of a motion for recusal or disqualification was not an abuse of discretion.

Appellate Information

  • Decided 07/10/2007
  • Published 07/10/2007

Judges

Court

  • United States Sixth Circuit

Counsel

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