United States Sixth Circuit

In a 42 U.S.C. section 1983 action arising out of a complaint where plaintiff-black inmate was denied a request to share his cell with a white inmate, dismissal of the action is vacated and remanded where: 1) plaintiff presented an arguable race discrimination claim which survives dismissal under section 1915(e)(2) since race played a factor in the denial of his move request; and 2) there was no record as to defendant's defenses of sovereign and qualified immunity since the district court did not address the issues.

Appellate Information

• Decided 05/23/2008
• Published 05/23/2008

Judges

• Before:  SUHRHEINRICH, CLAY, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Elizabeth M. Locke, Kirkland & Ellis, Washington, D.C., for Appellant.  William H. Fogle, Justice and Public Safety Cabinet, Office of Legal Services, Frankfort, Kentucky, for Appellees.   ON BRIEF:  Elizabeth M. Locke, Kirkland & Ellis, Washington, D.C., for Appellant.  William H. Fogle, Justice and Public Safety Cabinet, Office of Legal Services, Frankfort, Kentucky, for Appellees.   Dewayne Brand, West Liberty, Kentucky, pro se.