United States Sixth Circuit

In a prisoner's action claiming a violation of his free speech rights when he was forcibly removed from a parole hearing after insulting the hearing officer, as well as cruel and unusual punishment based on guards' use of excessive force and nursing staff's refusal to treat his injuries, summary judgment against plaintiff is affirmed where: 1) a prisoner is not engaged in protected conduct when he violates a legitimate prison regulation; 2) the prison guards used minimal force and plaintiff suffered minimal injuries when he was removed from the hearing room; and 3) plaintiff did not have an objectively serious medical need due to his minor injuries, and there was no deliberate indifference from the nursing staff since they checked up on the plaintiff twice after the incident.

Appellate Information

• Decided 05/14/2008
• Published 05/14/2008

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kari L. Low, Dickinson Wright, Bloomfield Hills, Michigan, for Appellant.  Linda Olivieri, Office of the Attorney General, Lansing, Michigan, for Appellees.   ON BRIEF:  Kari L. Low, Dickinson Wright, Bloomfield Hills, Michigan, for Appellant.  Linda Olivieri, Office of the Attorney General, Lansing, Michigan, for Appellees.   James A. Lockett, Marquette, Michigan, pro se.