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GASTON v. TAYLOR

No. 89-7546.

918 F.2d 25 (1990)

Zeb GASTON, Plaintiff-Appellant, v. John B. TAYLOR, Warden; Samuel Pruett, Assistant Warden; Toni V. Bair, Regional Administrator, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 5, 1990.

As Amended November 13, 1990.

Attorney(s) appearing for the Case

Patrick Mocha, Student Atty., argued (Richard J. Wilson, on brief), The American University Washington College of Law Practicing Law Center, Washington, D.C., for plaintiff-appellant.

William W. Muse, Asst. Atty. Gen., argued (Mary Sue Terry, Atty. Gen., on brief), Public Safety & Economic Development Div., Office of Atty. Gen., Richmond, Va., for defendants-appellees.

Before MURNAGHAN, Circuit Judge, BUTZNER, Senior Circuit Judge, and KAUFMAN, Senior District Judge for the District of Maryland, sitting by designation.

FRANK A. KAUFMAN, Senior District Judge:

On January 15, 1988, Zeb Gaston, an inmate at the James River Correctional Center in Virginia, the plaintiff herein, obtained a pair of jeans from the prison laundry to wear during visiting hours over the weekend. The laundry personnel, also inmates at the facility, gave him a pair which had been altered to contain a concealed zippered closure in the crotch beneath the buttoned closure. Plaintiff states that he did not become...

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