Joseph E. Birrell v. Robert Brown, Director, Michigan Dept. Of Corrections

WELLFORD, Circuit Judge.

This interlocutory appeal arises out of an ongoing civil rights action challenging the plaintiff’s conditions of confinement in a Michigan state prison. The sole issue for our consideration is whether it was error to deny the defendants’ motion for summary judgment based on qualified immunity as prison officials. 1

Plaintiff sued Robert Brown, the director of the Michigan Department of Corrections, E. Baylor, superintendent of the facility in controversy, and the Michigan Department of Corrections. We are concerned here with the constitutional claims raised relating to…