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STATE OF MICHIGAN
COURT OF APPEALS


DAVID J. SCOTT, Plaintiff-Appellant, v DEPARTMENT OF CORRECTIONS, Defendant-Appellee.

UNPUBLISHED March 13, 1998

No. 196767 Montcalm Circuit Court LC No. 95-000838-CV

Before: Gribbs, P.J., and Murphy and Gage, JJ. PER CURIAM. Plaintiff appeals as of right from a circuit court order granting summary disposition to defendant. We affirm. Plaintiff, a prisoner in a state correctional facility, filed a pro se complaint in which he alleged violations of his constitutional rights and requested injunctive relief. In his complaint, plaintiff asserted that he had been harassed and assaulted a number of times by correctional officers. After receiving information that certain officers were plotting against him, he requested protection from his living unit counselor. Plaintiff alleged that when his counselor ordered him back to his living unit plaintiff responded that if he were confronted with a threatening situation, he would be forced to employ deadly force. Specifically, plaintiff admitted saying that he would "cut someone's head off" if necessary. A misconduct report was prepared against plaintiff for exhibiting threatening behavior, and plaintiff was placed in administrative segregation on October 26, 1995. On October 31, 1995, the hearing on plaintiff's misconduct charge was delayed to obtain additional information from a staff witness who was not then available. The hearing was held on November 2, 1995, after which plaintiff was found guilty of threatening behavior and placed in administrative segregation for thirty days. Plaintiff's complaint did not explicitly seek judicial review of the hearing officer's determination. Instead plaintiff labeled his complaint a civil rights action, which he brought under 42 USC

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