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CLAY v. MILLER

No. 80-6026.

626 F.2d 345 (1980)

Donnie Ray CLAY, Individually and as a representative of his class, Appellant, v. James L. MILLER, Individually and in his capacity as Sheriff of Halifax County, Virginia, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1980.

Attorney(s) appearing for the Case

J. E. Greenbacker, Jr., Halifax, Va. (J. E. Greenbacker & Son, Halifax, Va., on brief), for appellant.

Howard P. Anderson, Jr., Halifax, Va., for appellee.

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

PER CURIAM:

Plaintiff Clay, on behalf of himself and a proposed class of those similarly situated, filed suit under 42 U.S.C. § 1983 and 28 U.S.C. § 1343 alleging that exercise opportunities for inmates held more than 30 days in the Halifax County Jail did not meet minimum state and constitutional standards as applied to pre-trial and post-conviction detainees. Defendant filed a motion to dismiss and a motion for summary judgment, with supporting affidavits...

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