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WITHERS v. LEVINE

Nos. 78-6336, 78-6337.

615 F.2d 158 (1980)

Edward Howard WITHERS, Appellant, v. Mark LEVINE, Commissioner, Division of Correction; Robert McColley, Deputy Commissioner, Division of Correction; Ralph Williams, Warden, Maryland House of Correction; Marcellus Moore, Assistant Warden for Treatment, Maryland House of Correction; John Byrne, Assistant Warden for Custody, Maryland House of Correction; James Jordan, Individually, Appellees. Edward Howard WITHERS, Appellee, v. Mark LEVINE, Commissioner, Division of Correction; Robert McColley, Deputy Commissioner, Division of Correction; Ralph Williams, Warden, Maryland House of Correction; Marcellus Moore, Assistant Warden for Treatment, Maryland House of Correction; John Byrne, Assistant Warden for Custody, Maryland House of Correction; James Jordan, Individually, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1980.

Attorney(s) appearing for the Case

Craig E. Smith and Charles M. Kerr, Baltimore, Md., for appellant in 78-6336 and for appellee in 78-6337.

Donald R. Stutman, Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen. of Maryland, Clarence W. Sharp, Asst. Atty. Gen., Chief, Crim. Div., Michael A. Anselmi, Asst. Atty. Gen., Baltimore, Md., on brief), for appellees in 78-6336 and for appellants in 78-6337.

Before HAYNSWORTH, Chief Judge, and WINTER and MILLER, Circuit Judges.

HAYNSWORTH, Chief Judge:

In this § 19831 action, the district court granted declaratory and injunctive relief, requiring prison officials to devise a procedure to provide inmates with reasonable protection from aggressive sexual assaults. The findings of fact are fully supported in the record, and, since we approve the court's legal reasoning, we affirm. See Withers v. Levine,

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