PHELPS v. ANDERSON AND LANGFORD

No. 79-6231.

700 F.2d 147 (1983)

Cecil L. PHELPS, Appellant, v. Sgt. ANDERSON and Officer LANGFORD, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 22, 1983.


Attorney(s) appearing for the Case

Eric H. Zagrans, Case Western Reserve University School of Law, Cleveland, Ohio (Arter & Hadden, Cleveland, Ohio, on brief), for appellant.

Dennis Montgomery, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen., James T. Moore, III, Senior Asst. Atty. Gen., Richmond, Va., on brief), for appellees.

Before WIDENER and HALL, Circuit Judges, and BUTZNER, Senior Circuit Judge.


BUTZNER, Senior Circuit Judge:

Cecil L. Phelps, a Virginia prisoner, appeals from the grant of summary judgment in favor of two prison officials. Phelps complains they temporarily deprived him of his television without due process of law by confiscating it improperly and failing to return it promptly after he proved he owned it. We affirm the judgment for reasons that differ in part from the rationale of the district court.

The material facts are not in dispute...

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