Man allegedly removed from prison public-works program due to sexuality allowed opportunity to establish claimed facts
Ricky Davis filed a claim against "Prison Health Services" arguing that he was removed from the program because he was an acknowledged gay. He provided specific factual allegations that suggested arbitrary denial of his civil rights based upon his sexual orientation. The Defendants sought summary disposition, which was granted. The Sixth Circuit reversed, noting that under prior precedent, Davis had made a sufficient factual showing to entitle him the opportunity to prove his claim.