AUSLEY v. MITCHELL

Nos. 82-6128, 82-6143.

748 F.2d 224 (1984)

Richard A. AUSLEY, Appellant, v. J.P. MITCHELL, Warden, Virginia State Penitentiary, Ray Chavis, Recreational Department, Appellees. William POOLE, III, Appellant, v. Edward C. MORRIS, Samuel V. Pruett, George L. Furgeson, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 16, 1984.


Attorney(s) appearing for the Case

Russell Williams, Third Year Law Student (Robert E. Shepherd, Jr., University of Richmond School of Law, Richmond, Va., Patricia L. Harrington, Third Year Law Student, on brief), Stephen Saltzburg, Charlottesville, Va., for appellants.

James W. Hopper, Alan Katz, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Va., Richmond, Va., on brief), for appellees.

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


On Petition for Rehearing:

WIDENER, Circuit Judge:

These two appeals were consolidated for argument from judgments in favor of defendants in actions under 42 U.S.C. § 1983. We affirm.

Richard Ausley, while an inmate at the Virginia state penitentiary, was sent some art supplies by his family on November 18, 1980. The supplies were picked up by him from the prison package room. He was informed, however, that the art supplies could not be taken...

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