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DANIELS v. WILLIAMS

No. 82-6538.

748 F.2d 229 (1984)

Roy E. DANIELS, Appellant, v. Andrew WILLIAMS, Deputy, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 16, 1984.

Certiorari Granted February 19, 1985.

Attorney(s) appearing for the Case

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

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

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

ON PETITION FOR REHEARING:

WIDENER, Circuit Judge:

This case is an appeal from a judgment for the defendant in an action brought under 42 U.S.C. § 1983. We affirm.

Roy Daniels was a prisoner in the Richmond city jail on January 23, 1982, when he slipped and fell on a pillow and newspapers negligently left on some stairsteps by the defendant Williams, a deputy sheriff. The fall resulted in injuries to Daniels' back and ankle, for which he received...

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