WETZEL v. EDWARDS

No. 79-6801.

635 F.2d 283 (1980)

Frank E. WETZEL, Plaintiff-Appellee, v. Ralph EDWARDS, etc. et al., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 27, 1980.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. of North Carolina and James Peeler Smith, Asst. Atty. Gen., Raleigh, N. C., for defendants-appellants.

Donna H. LeFebvre and Hanan M. Isaacs, North Carolina Prisoner Legal Services, Inc., Durham, N. C., for plaintiff-appellee.

Before BRYAN and PHILLIPS, Circuit Judges, and WALTER E. HOFFMAN, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


WALTER E. HOFFMAN, Senior District Judge:

Appellee, Frank Wetzel, a state court prisoner brought this action under 42 U.S.C. § 1983 alleging violation of his Eighth and Fourteenth Amendment rights. Specifically, appellee contends that the named defendants have violated his due process and equal protection rights by failing to transfer him to a facility commensurate with his medium custody classification. Additionally, he argued that appellants' conduct constituted...

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