David LOPEZ; Steven Eugene Smith; Gary Waverly Wooten; Floyd Tucker; Jerry Holloway, (Named Plaintiffs) and on behalf of all inmates confined in the Eastern Correctional Institution, a facility of the Maryland Division of Corrections, Plaintiffs-Appellees,
v.
Bishop L. ROBINSON, Secretary of Public Safety; Fred E. Jordan, Jr., Commissioner, Division of Corrections; Arnold J. Hopkins, Former Commissioner, Division of Corrections; Elmanus Herndon, Deputy Commissioner, Division of Corrections; Wayne B. Winebrenner, Former Warden; Kathleen S. Green, Assistant Warden, Defendants-Appellants, and
William Donald Schaefer, Governor, Defendant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued January 11, 1990.
Decided September 17, 1990.
Attorney(s) appearing for the Case
Richard M. Kastendieck, Asst. Atty. Gen., Baltimore, Md. (J. Joseph Curran, Jr., Atty. Gen., Ronald M. Levitan, Asst. Atty. Gen., Baltimore, Md., on brief), for defendants-appellants.
Irwin Raphael Kramer, Weinberg and Green, Baltimore, Md. (William W. Cahill, Jr., Weinberg and Green, Baltimore, Md., on brief), for plaintiffs-appellees.
Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.
United States Court of Appeals, Fourth Circuit.
PHILLIPS, Circuit Judge:
Six Maryland prison officials1 appeal the district court's interlocutory order denying their motion for summary judgment in which they claimed that they were entitled to qualified immunity from liability in damages for various constitutional claims asserted by a class of Maryland prisoners under 42 U.S.C. § 1983. We reverse the district court's interlocutory order2 and remand for...
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