McELVEEN v. COUNTY OF PRINCE WILLIAM

No. 82-6679.

725 F.2d 954 (1984)

Crayton E. McELVEEN, Jr.,; Geary Lee Jamison; on behalf of themselves and all other inmates of Prince William County Jail, present and future, and Julia Phillips; Larry Eugene Collins; Richard Murray; Jerry Michael Collins; Jeffrey Proctor; Charles Cuniff; Kelly Roach; Milton Jackson; Westley S. Blackburn; Bernard R. Richardson; William Edward Parker; James Edward Parker; James Dodson; Charles Scarpone; Buddie Spicer; Matthew L. Wright; Larry H. Shane; Joseph Deans, Jr.,; Eric Lee Backherms; Timothy Wayne Orehowsky, Appellees, v. COUNTY OF PRINCE WILLIAM; Eileen Stout, Sup., Dumfries District; Donald Kidwell, Sup., Woodbridge District; James J. McCoart, Sup., Neabsco District; G. Richard Pfitzner, Sup., Coles District; Joseph D. Reading, Sup., Brentsville District; Kathleen K. Seefeldt, Sup., Occoquan District; Donald L. White, Sup., Gainesville District; C.A. Rollins, Jr., Sheriff, Prince William County, Appellants, and Terrell Don Hutto, Director, Virginia Department of Corrections; Sidney Parker, Chairman, Virginia Board of Corrections; Joseph B. Benedetti, Member, Virginia Board of Corrections; Donald W. Huffman, Member, Virginia Board of Corrections; JoAnn P. Digennaro, Member, Virginia Board of Corrections; Norvell K. Robinson, Member, Virginia Board of Corrections; William P. Kanto, Member, Virginia Board of Corrections; Stephen D. Rosenthal, Member, Virginia Board of Corrections; Arnold J. Smith, Jr., Member, Virginia Board of Corrections; John W. Williams, III, Member, Virginia Board of Corrections; individually and in their official capacities, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1984.


Attorney(s) appearing for the Case

John H. Foote, County Atty., Manassas, Va. (James E. Barnett, Asst. County Atty., Manassas, Va., James A. Welch, Wheaton, Md., on brief), for appellants.

Alan Katz, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Va., Eric K.G. Fiske, Asst. Atty. Gen., Richmond, Va., on brief) and Marilyn G. Rose, Dumfries, Va. (Ervan E. Kuhnke, Jr., Dumfries, Va., Victor M. Glasberg, Alexandria, Va., on brief), for appellees.

Before WIDENER, HALL and MURNAGHAN, Circuit Judges.


K.K. HALL, Circuit Judge:

Prince William County, the Sheriff of Prince William County, and the Prince William County Board of Supervisors (collectively referred to as the "County") appeal from orders denying the County's motions for a directed verdict and judgment notwithstanding the verdict on its cross-claim against the Chairman and the Director of the Virginia Board of Corrections, and members of the State Board of Corrections (collectively referred to as the ...

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