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WEST v. ATKINS

No. 85-6483.

815 F.2d 993 (1987)

Quincy WEST, Appellant, v. Samuel ATKINS; Rae McNamara; James B. Hunt, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 1987.

Attorney(s) appearing for the Case

Richard E. Giroux, North Carolina Prisoner Legal Services, Inc., Raleigh, N.C., on brief, for appellant.

Jacob L. Safron, Sp. Deputy Atty. Gen. (Lacy H. Thornburg, Atty. Gen., Raleigh, N.C., on brief), for appellee.

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

CHAPMAN, Circuit Judge:

In Calvert v. Sharp, 748 F.2d 861, 863 (4th Cir.1984), cert. denied, 471 U.S. 1132, 105 S.Ct. 2667, 86 L.Ed.2d 283 (1985), we held that "[t]he professional obligations and functions of a private physician establish that such a physician does not act under color of state law when providing medical services to an inmate." Prisoner West brought this § 1983 action against a private physician...

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