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WIMMER v. COOK

No. 84-6430.

774 F.2d 68 (1985)

Dickie Freling WIMMER, Appellant, v. County Commission President Woodrow COOK; Chief Sheriff Harold L. Hatfield; Chief Deputy Sheriff Jimmy Craft; Jailer Dorthe Bolt; Jailer Nancy Rust; Jailer Brenda Perdue, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1985.

Attorney(s) appearing for the Case

Steven H. Goldblatt, Washington, D.C. (Susan L. Siegal, Washington, D.C., Elizabeth Jordan Gianturco, Jon Edwards, Appellate Litigation Clinical Program, Georgetown University, Washington, D.C., on brief), for appellant.

Harlen Ray Tiller, Asst. Prosecuting Atty., Oceana W. Va., (Paul R. Goode, Jr., Prosecuting Atty., Mullens, W. Va., on brief), for appellee.

Before RUSSELL, SPROUSE and WILKINSON, Circuit Judges.

DONALD RUSSELL, Circuit Judge.

This action involves the construction of the Magistrate Act of 1968, as revised in 1976 and 1979. The issue arises in connection with a pro se suit filed by the plaintiff, a pre-trial detainee, challenging under 42 U.S.C. § 1983, the conditions under which he was detained in the Wyoming (West Virginia) jail as violative of his constitutional rights. The defendants are the president of the Wyoming County Commission (Cook)...

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