United States Sixth Circuit

In an inmate's section 1983 suit against Michigan prison officials claiming he was denied adequate medical care in violation of his Eighth and Fourteenth Amendment rights, district court's judgment dismissing the suit is reversed and remanded as the inmate exhausted his claim because the Michigan Department of Corrections opted to dismiss the grievance on the merits rather than invoke its procedural bar.

Appellate Information

• Decided 04/28/2010
• Published 04/28/2010

Judges

• Before GUY, BOGGS and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:Clifton B. Schneider, Office of the Michigan Attorney General, Lansing, Michigan, James T. Mellon, Mellon, McCarthy & Pries, P.C., Troy, Michigan, for Appellees. Mark Anthony Reed-Bey, Ionia, Michigan, pro se.