LANE v. GRIFFIN

No. 87-7530.

834 F.2d 403 (1987)

Lloyd Steven LANE, Plaintiff-Appellee, v. J.H. GRIFFIN, Defendant-Appellant, and Muhammad Nubee, Chaplain, Rae McNamara, Director of Prisons, James Woodard, Secretary of Corrections, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 3, 1987.


Attorney(s) appearing for the Case

Sylvia Hargett Thibaut, Asst. Atty. Gen. (Lacy H. Thornburg, Atty. Gen., and Lavee H. Jackson, Associate Atty. Gen., Raleigh, N.C., on brief), for defendant-appellant.

Martha Elizabeth Johnston, Greensboro, N.C., for plaintiff-appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, ERVIN, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.


POWELL, Associate Justice:

The primary question presented is whether the district court instructed the jury to apply an erroneous legal standard in determining whether a prison restriction imposed by appellant James Harold Griffin violated appellee Lloyd Steven Lane's First Amendment rights. We also address the propriety of the district court's exclusion of certain evidence at trial as hearsay, and its failure to address the issue of qualified immunity prior to the...

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