ALLEN v. LOWDER

No. 87-6727.

875 F.2d 82 (1989)

Charles Lee ALLEN, Plaintiff-Appellee, v. Carroll R. LOWDER; Aaron J. Johnson; Nathan Rice, Defendants-Appellants, and W. Franklin McGuirt; David W. Chester; Laura Perry; Tommy Allen; Sam Kelly, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 23, 1989.


Attorney(s) appearing for the Case

LaVee Hamer Jackson, Sylvia Hargett Thibaut, Asst. Attys. Gen., Raleigh, N.C. (Lacy H. Thornburg, Atty. Gen., North Carolina Dept. of Justice, Pittsboro, N.C., on brief), for defendants-appellants.

Linda Beth Weisel (North Carolina Prisoner Legal Services, Washington, D.C., on brief), for plaintiff-appellee.

Before SPROUSE, Circuit Judge, BUTZNER, Senior Circuit Judge, and KELLAM, United States Senior District Judge for the Eastern District of Virginia, sitting by designation.


SPROUSE, Circuit Judge:

Carroll R. Lowder, Aaron J. Johnson, and Nathan Rice, defendants below,1 bring this interlocutory appeal from a district court order denying them summary judgment in a 42 U.S.C. § 1983 action filed by Charles Lee Allen. Allen's complaint alleged that these state officials' acts caused him to be illegally kept in custody for fifty-two days after his conviction for possession...

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