NEWELL v. DAVIS

No. 76-1442.

563 F.2d 123 (1977)

Robert NEWELL, Carey Sprouse, Gale Ollis, George McKee, Fredrick Conway, Robert Alston, Everette Shrader, Cecil Phelps, William Riddick, Joseph Riddick, Ernest Ferrell, Urban Frankin, Robert Taylor, Peter Land, Garland Lewis, Joseph Cephas, Richard Howe, Dewey Carpenter, Wallace Adams, Charlie Withers, George Kier, Fredrick Winiger, James Anderson, Alvin Honaker, John Heidinger, Wallace Maiden, William Davis, Ivan Marshall, Ray Fender, Larry Boone, Marvin McClain, Fayette Tillman, Bobby Price, Donald Fitchett, Junior Thacker, Appellants, v. Jack F. DAVIS, personally and in his official capacity as Director, Department of Corrections, and W. M. Riddle, personally and in his official capacity as Superintendent of the State Prison, and Robert M. DeLisle, personally and in his official capacity as Administrative Assistant to the Superintendent for the State Prison, and Byron C. Bowden, personally and in his official capacity as Director of the Wage Incentive Program for the Department of Corrections, and George Holmes, personally and in his official capacity as Director of Enterprises for the Department of Corrections, and Chuck Wolfe, personally and in his official capacity as Deputy Director for the Department of Corrections, and the Board of Directors for the Department of Corrections for the Commonwealth of Virginia, personally and in their official capacities; Walter Fiddler, William Dudley, Mrs. John J. DeHart, Reverend John A. Baden, William S. Leach, William P. Kantl, Reverend Grady W. Powell, Bernard Leven, Mrs. Claudette Black McDaniel, and Commonwealth of Virginia, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 13, 1977.


Attorney(s) appearing for the Case

Gregory L. Murphy, Alexandria, Va. (Murphy, McGettigan, McNally & West, Alexandria, Va., on brief), for appellants.

Patrick A. O'Hare, Asst. Atty. Gen., Richmond, Va. (Anthony F. Troy, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellees.

Before LEONARD P. MOORE, Senior Circuit Judge, Second Circuit, sitting by designation, and RUSSELL and WIDENER, Circuit Judges.


PER CURIAM:

By this § 1983, 42 U.S.C. action, the appellants, inmates of the Virginia State Penitentiary detailed to work in the hospital facility at the Penitentiary, seek both injunctive relief and money damages for alleged violation of their constitutional right to equal protection under the Fourteenth Amendment and the constitutional inhibition against involuntary servitude under the Thirteenth Amendment, because of the denial of participation by them in...

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