BEVERATI v. SMITH

No. 96-7520.

120 F.3d 500 (1997)

Brian BEVERATI; Emil Van Aelst, Plaintiffs-Appellants, v. Sewall SMITH, Warden; Maryland Penitentiary Administration; William Filbert, Assistant Warden; Theodore Purnell; John Wouldridge, Jr.; Donald O. Jackson; Donnell Sessions, Correctional Officer II; Patrick Ford; Richard A. Lanham, Sr., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 11, 1997.


Attorney(s) appearing for the Case

ARGUED: Joseph Bernard Tetrault, Prisoner Rights Information System of Maryland, Inc., Chestertown, MD, for Appellants. David Phelps Kennedy, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, MD, for Appellees. ON BRIEF: W. Michel Pierson, Pierson, Pierson & Nolan, Baltimore, MD, for Appellants. J. Joseph Curran, Jr., Attorney General of Maryland, Toni-Jean Lisa, Assistant Attorney General, Baltimore, MD, for Appellees.

Before WILKINS, Circuit Judge, ANDERSON, United States District Judge for the District of South Carolina, sitting by designation, and TRAXLER, United States District Judge for the District of South Carolina, sitting by designation.


Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Judge ANDERSON and Judge TRAXLER joined.

OPINION

WILKINS, Circuit Judge:

State prisoners Brian Beverati and Emil Van Aelst (collectively, "Inmates") appeal a decision of the district court granting summary judgment in favor of the defendant prison officials1 in this action brought pursuant to 42 U.S.C.A. § 1983 (West 1994). The district court...

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