ORPIANO v. JOHNSON

Nos. 78-6537, 79-6821 and 79-6822.

632 F.2d 1096 (1980)

Quintin ORPIANO, Appellant, v. Gene M. JOHNSON, Appellee. Quintin ORPIANO, Appellee, v. Terrell Don HUTTO, Director, Virginia Department of Corrections, Richmond, Virginia; Gene M. Johnson, Superintendent, Mecklenburg Correctional Center, Boydton, Virginia; Fred L. Finkbeiner, Assistant Superintendent, Mecklenburg Correctional Center, etc.; Captain Harold Catron, Chief of Security, Mecklenburg Correctional Center, etc.; Lieutenant W. L. Henry, Mecklenburg Correctional Center, etc.; Lieutenant R. R. Smith, Mecklenburg Correctional Center, etc.; Alexander Logan, Correctional Officer, Mecklenburg Correctional Center, etc.; W. R. Speede, Correctional Officer, Mecklenburg Correctional Center, etc.; J. E. Lindsey, Correctional Officer, Mecklenburg Correctional Center, etc.; M. A. Talley, Correctional Officer, Mecklenburg Correctional Center, etc., Appellants. Quintin ORPIANO, Appellant, v. Terrell Don HUTTO, Director, Virginia Department of Corrections, Richmond, Virginia, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1980.


Attorney(s) appearing for the Case

David McC. Estabrook, Annandale, Va. (Gattsek, Tavenner & McConnell, Annandale, Va., on brief), and Professor William A. Reppy, Jr., Durham, N. C., Legal Research Program, Duke Law School (Lawrence C. Blazer, Neil P. Clain, Jr., Third Year Law Students on brief), for appellant in No. 78-6537 and No. 79-6822, and for appellee in No. 79-6821.

Guy W. Horsley, Jr., Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen., Richmond, Va., Thomas D. Bagwell, Asst. Atty. Gen., Richmond, Va., on brief), for appellee in No. 78-6537, and for appellees in No. 79-6822, and for appellants in No. 79-6821.

Before BUTZNER and RUSSELL, Circuit Judges, and WILLIAM M. KIDD, United States District Judge for the Southern District of West Virginia, sitting by designation.


DONALD RUSSELL, Circuit Judge:

The plaintiff, a state prisoner, filed two actions. The first was a claim brought pursuant to 42 U.S.C. § 1983 in which he sought damages for alleged physical and mental injuries sustained by him on the morning of September 22, 1977, as a result of an alleged beating suffered by him at the hands of four guards at the maximum security treatment institution, where he was incarcerated. In addition to the four guards allegedly involved...

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