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BAILEY v. TURNER

No. 82-6552.

736 F.2d 963 (1984)

Harold BAILEY, Appellant, and Bennie Lee Linder, Plaintiff, v. Bernice F. TURNER, Superintendent, Blanch Prison Unit, Route 1, Box 140, Blanch, N.C., individually and in his Official Capacity; Ralph Edwards, Commissioner, N.C. Department of Correction, in his Official Capacity; David L. Jones, Secretary, N.C. Department of Social Rehabilitation and Control, in his Official Capacity; B.F. Oakes, Asst. Supt., Blanch Correctional Institution, Individually and in his Official Capacity; Horace Pippin, Steward, Blanch Correctional Institution, Individually and in his Official Capacity; and Newman Bradshaw, Lindus Farmer, Sergeant Kirby, Officers Jefferies, Harris, Mise, Lipscomb, Ashley, Ellington, Willis, Duncan, Oakley, Tarpley, and Lt. West, all in their Individual Capacities, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 7, 1984.

Rehearing and Rehearing Denied October 2, 1984.

Attorney(s) appearing for the Case

Thomas F. Loflin, III, Durham, N.C. (Loflin & Loflin, Durham, N.C., on brief), for appellant.

James Peeler Smith, Asst. Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen., Raleigh, N.C., on brief), for appellee.

Before RUSSELL and ERVIN, Circuit Judges, and RICHARD B. KELLAM, District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing En Banc Denied October 2, 1984.

DONALD RUSSELL, Circuit Judge.

This is a 42 U.S.C. § 1983 action brought by a prisoner housed at the Blanch Correctional Institution, a facility of the North Carolina Department of Correction, against various employees and prison officials of the Department of Correction, to recover damages for alleged cruel and unusual punishment, suffered by him when he...

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