MAGEE v. WATERS

No. 85-6024.

810 F.2d 451 (1987)

Joseph Emmett MAGEE, Appellant, v. G.W. WATERS, Sheriff, Portsmouth City Jail, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 4, 1987.


Attorney(s) appearing for the Case

Roy W. Ferguson, Jr. (Wharton, Aldhizer & Weaver, Harrisonburg, Va., on brief), for appellant.

Stuart E. Katz, Asst. City Atty., Portsmouth, Va., for appellees.

Before WINTER, Chief Judge, and WIDENER and CHAPMAN, Circuit Judges.


WIDENER, Circuit Judge:

This is an appeal from an order of the district court dismissing the plaintiff's complaint, which we consider as an order granting summary judgment, since a motion for summary judgment was made under FRCP 56 and affidavits were filed.

The plaintiff, Joseph Magee, was confined in the Portsmouth city jail for a period of 29 days, from July 23, 1984 until August 21st of that year, as a parole violator. He was transferred on August 21st...

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