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MILLER v. SIMMONS

No. 85-6664.

814 F.2d 962 (1987)

James Henry MILLER, Appellant, and Ollie J. Miller, Plaintiff, v. R.D. SIMMONS, Detective; and R.W. Leary, Sheriff and his Deputy Sheriff Jailers in/for Durham, NC, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 26, 1987.

Attorney(s) appearing for the Case

John J. Butler (Sanford, Adams, McCullough & Beard, Raleigh, N.C., on brief) for appellant.

William McBlief (Guy F. Driver, Jr., Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., Brenda M. Foreman, Faison, Brown, Fletcher and Brough, Chapel Hill, N.C., on brief) for appellees.

Before PHILLIPS and CHAPMAN, Circuit Judges, and MAXWELL, United States District Judge for the Northern District of West Virginia, sitting by designation.

MAXWELL, District Judge, sitting by designation.

In this civil rights action, filed pursuant to 42 U.S.C. § 19831 on November 28, 1984, Plaintiffs allege that Defendants were deliberately indifferent to a serious medical need of Plaintiff, James H. Miller, [Miller] while he was incarcerated in the Durham County, North Carolina jail, October 3-19, 1984, inclusively.

On July 15, 1985 Miller filed his motion for appointment of...

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