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EAKINS v. REED

Nos. 82-6577, 82-6578.

710 F.2d 184 (1983)

Gary EAKINS, Appellee, v. Amos REED; Samuel P. Garrison, Defendants, and Robert L. Hinton, Appellant. Gary EAKINS, Appellant, v. Amos REED; Samuel P. Garrison, Defendants, and Robert L. Hinton, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1983.

Attorney(s) appearing for the Case

Claudia Withers, Durham, N.C., for appellant.

Jacob L. Safron, Sp. Deputy Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen., Raleigh, N.C., on brief), for appellee.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and WYZANSKI, Senior District Judge.

HARRISON L. WINTER, Chief Judge:

These are cross-appeals from the judgment entered on a jury verdict finding that Robert L. Hinton, then Programs Director at the North Carolina Central Prison, violated prisoner Gary Eakins' First Amendment right to use of the mails, and awarding Eakins nominal damages. Hinton contends that he was improperly joined as a defendant during the trial and that he is immune from liability for his actions; Eakins contends that he was entitled...

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