Hardin V. Straub

RYAN, Circuit Judge. Defendant Dennis Straub appeals from the district court's order denying, in part, Straub's motion for summary judgment in plaintiff Tyrone V. Hardin's 42 U.S.C. 1983 suit against Straub. Hardin's suit alleges that Straub, a Michigan state prison official, deprived Hardin, an inmate, of his due process lights under the Fourteenth Amendment. The district court denied summary judgment on the ground that the Eleventh Amendment does not bar a suit by a plaintiff against a state official being sued in his individual capacity for allegedly violating plaintiff's civil rights. Straub presents two issues on appeal: