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United States Sixth Circuit


Harden-Bey v. Rutter, 06-1473

In a 42 U.S.C. section 1983 action against several employees of the Michigan Department of Corrections challenging plaintiff's placement and continued confinement in administrative segregation, dismissal pursuant to section 1997e(c) of the Prison Litigation Reform Act is affirmed in part and reversed in part where: 1) the district court erred in dismissing a due process claim on the ground that the duration of plaintiff's prison discipline, three years and counting, does not affect whether he has a protected liberty interest; but 2) he failed to state a cognizable cruel-and-unusual-punishment claim or a cognizable equal protection claim.

Appellate Information

  • Decided 05/12/2008
  • Published 05/12/2008

Judges

  • Before: MOORE, GILMAN, and SUTTON, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • ON BRIEF:  Cary Jerome Harden-Bey, Munising, Michigan, pro se.

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