Irvin v. Anderson
Irvin v. Anderson
Opinion of the Court
ORDER
Ronald Irvin appeals a district court judgment that dismissed his civil rights complaint filed under 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
Irvin filed his complaint in the district court alleging that the defendant corrections officer charged him with a series of misconduct violations and otherwise harassed him in retaliation for exercising his First Amendment and other constitutional rights. Irvin alleged that the two defendant hearing officers found him guilty of misconduct also in retaliation. The district court dismissed the complaint sua sponte because the defendant hearing officers are entitled to immunity from suit for money damages, because plaintiff failed to establish that he exhausted administrative remedies regarding his claims, and because plaintiff otherwise failed to state a claim upon which relief can be granted. Plaintiff filed a motion for reconsideration and a notice of appeal, and the district court denied plaintiffs motion for reconsideration. On appeal, plaintiff contends that: (1) the district court ignored allegations that he exhausted administrative remedies and that he was found not guilty of one misconduct charge; and (2) the defendant hearing officers are not entitled to immunity under the circumstances of this case.
Upon de novo review, see Curry v. Scott, 249 F.3d 493, 503 (6th Cir. 2001); McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th
For the foregoing reasons, the district court’s judgment is affirmed. See Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- Ronald IRVIN, also known as Ronald Wade-Bey v. Edward ANDERSON
- Status
- Published