United States Court of Appeals
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 18a0065p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JAMES MABEN, ┐ Plaintiff-Appellant, │ │ > No. 17-1289 v. │ │ │ TROY THELEN, │ Defendant-Appellee. │ ┘ Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 2:16-cv-10602—Stephen J. Murphy, III, District Judge. Argued: March 13, 2018 Decided and Filed: April 3, 2018 Before: MERRITT, CLAY, and SUTTON, Circuit Judges. _________________ COUNSEL ARGUED: William C. Marra, COOPER & KIRK, PLLC, Washington, D.C., for Appellant. Joseph Y. Ho, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. ON BRIEF: William C. Marra, COOPER & KIRK, PLLC, Washington, D.C., for Appellant. Joseph Y. Ho, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee. _________________ OPINION _________________ CLAY, Circuit Judge. Plaintiff James Maben (“Maben”) appeals from the judgment entered by the district court granting Defendant Troy Thelen’s (“Thelen”) motion for summary judgment and dismissing the case. For the reasons set forth below, we AFFIRM in part and No. 17-1289 Maben v. Thelen Page 2 REVERSE in part the judgment of the district court and REMAND the case to the district court for proceedings consistent with this opinion. BACKGROUND I. Factual History Maben is an incarcerated prisoner in Michigan. On October 19, 2015, Maben was in the prison’s food service line for lunch. The cafeteria server provided Maben with half a serving of food, dumping out the other half. Maben “politely ask[ed]” the cafeteria server why he did not receive a full serving.
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