GREEAR v. LOVING

No. 75-1430.

538 F.2d 578 (1976)

James L. GREEAR, Appellant, v. W. R. LOVING, Individually and as Superintendent of Correctional Unit # 10, Virginia Department of Corrections, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 22, 1976.


Attorney(s) appearing for the Case

Ralph S. Spritzer, Philadelphia, Pa. (court-appointed), for appellant.

Patrick A. O'Hare, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and BUTZNER, Circuit Judges.


BUTZNER, Circuit Judge:

James L. Greear appeals from an order of the district court granting summary judgment in his suit against W. R. Loving, individually and as superintendent of a Virginia prison. In his pro se complaint, Greear alleged that the prison officials willfully and maliciously fired a tear gas device in his face at point-blank range, that their action was punitive and not for security purposes, and that he was denied adequate medical treatment. The...

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