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Trial lawyers specializing in personal injury and civil litigation

No 1983 claim where propriety of underlying conviction is not challenged

Roderick Booth sued the Department of Corrections, alleging that he was wrongfully denied his constitutional rights, when he was punished by the DOC for misconduct in his jail cell.  He had never appealed the administrative finding of misconduct, and on that basis, his claim of a 42 USC 1983 violation of civil rights was dismissed. His argument that the adminstrative procedure was biased and a denial of due process could not form the basis for a separate legal action because he had not challenged the original decision on appeal.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262