Jesse Jones files appeal in prisoner's civil rights action; appellate court looks past procedural errors
The Sixth Circuit ruled that Jones' "objections" to summary judgment should have been heard as a Motion for Reconsideration, after the District Court refused to hear the objections. Jones' section 1983 action had been dismissed by the Court after Jones sued a prison doctor and two nurses, alleging that they retaliated against him and were indifferent to his serious medical needs. The trial court dismissed the claim against the nurses, and eventually the doctor as well, and Jones timely filed "objections" to the lower court's decisions. The appellate court ruled that he should have been granted a hearing (which will likely be simply pro forma) with his "objections" treated as a request for "reconsideration" in the lower court.