MERRITT, C.J., delivered the opinion of the court, in which KEITH, J., joined. WELLFORD, J. (pp. 84-88), delivered a separate dissenting opinion. MERRITT, Chief Judge. Plaintiff appeals the grant of summary judgment in this § 1983 action in favor of the remaining defendant, Dale Foltz, the former Warden of the state prison of southern Michigan. The heart of plaintiffs Eighth Amendment claim is that Warden…
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