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WARD v. JOHNSON

No. 79-6304.

690 F.2d 1098 (1982)

Larry Junior WARD, Appellant, v. Gene M. JOHNSON, Warden, Sgt. Gardner, Chairman of Adjustment Committee, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 7, 1982.

Attorney(s) appearing for the Case

Carter Glass, IV, Richmond, Va. (Mays, Valentine, Davenport & Moore, Richmond, Va., on brief), for appellant.

Richard F. Gorman, III, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellees.

Before WINTER, Chief Judge, and BUTZNER, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, sitting en banc.

Heard En Banc March 29, 1982.

DONALD RUSSELL, Circuit Judge:

This is an action by an inmate (Ward) of the Virginia prison system seeking damages under 42 U.S.C. § 1983 for an alleged violation of his federal constitutional right by state prison officers in the course of a disciplinary hearing on a charge of prison misconduct by the inmate. The original defendants were the warden of the prison where the inmate was assigned, the defendant Gene M. Johnson...

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