GARRAGHTY v. COM. OF VA., DEPT. OF CORRECTIONS

No. 94-1870.

52 F.3d 1274 (1995)

David A. GARRAGHTY, Plaintiff-Appellee, v. COMMONWEALTH of Virginia, Department of Corrections; Edward W. Murray, individually and in his official capacity as Director of the Department of Corrections, Commonwealth of Virginia; Edward C. Morris, individually and in his official capacity as Deputy Director of the Department of Corrections, Commonwealth of Virginia; Richard A. Young, individually and in his official capacity as Regional Administrator, Adult Institutions, Western Region, Department of Corrections, Commonwealth of Virginia; Donald A. Zimmerman, individually and in his official capacity as Inspector General, Office of the Inspector General, Department of Corrections, Commonwealth of Virginia; Kenneth Moore, individually and in his official capacity as Investigations Supervisor, Office of the Inspector General, Department of Corrections, Commonwealth of Virginia; Paul Broughton, individually and in his official capacity as Head of Employee Relations, Department of Corrections, Commonwealth of Virginia, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 9, 1995.


Attorney(s) appearing for the Case

ARGUED: Bradley Brent Cavedo, Shuford, Rubin & Gibney, P.C., Richmond, VA, for Appellants. James Broome Thorsen, Thorsen, Page & Marchant, Richmond, VA, for Appellee. ON BRIEF: Robert A. Dybing, Shuford, Rubin & Gibney, P.C., Richmond, VA, for Appellants.

Before ERVIN, Chief Judge, and MURNAGHAN and MOTZ, Circuit Judges.


Affirmed in part, reversed in part, and remanded by published opinion. Judge MOTZ wrote the opinion, in which Chief Judge ERVIN and Judge MURNAGHAN joined.

OPINION

MOTZ, Circuit Judge:

The district court denied various state officials qualified immunity for their role in discharging a warden, without affording him the benefits of the state grievance procedure or any hearing that included the right to confront and examine witnesses. We affirm in part...

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