ZACZEK v. HUTTO

Nos. 78-6163, 78-6445.

642 F.2d 74 (1981)

Roger ZACZEK, Appellee, v. D. HUTTO; W. D. Blankenship; Capt. Ellison; and J. L. Gorden, Appellants. Roger ZACZEK, Appellee, v. D. HUTTO et al, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 20, 1981.


Attorney(s) appearing for the Case

Alan Katz, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellants.

Dwane H. Miller for appellee in 78-6163; (Randall M. Chastain, Associate Professor of Law, University of South Carolina, Columbia, S. C., on brief), for appellee in 78-6445.

Before BRYAN, Senior Circuit Judge, RUSSELL and MURNAGHAN, Circuit Judges.


ALBERT V. BRYAN, Senior Circuit Judge:

Appellee Zaczek, proceeding under 42 U.S.C. § 1983, succeeded below in a challenge to a Virginia Department of Corrections regulation restricting his ability, as an inmate of Bland Correctional Center (Bland), to receive mailed publications. He also prevailed in a separate attack on the procedures by which he was disciplined at Bland for refusal to work. The cases were consolidated on appeal, and we now reverse.

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