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O'BAR v. PINION

No. 91-7526.

953 F.2d 74 (1991)

Paul Brendan O'BAR, Plaintiff-Appellee, v. J.C. PINION, Sr., Joseph L. Hamilton, W.V. Ritchie, R. Alan Harrop, J. Boyd Bennett, Defendants-Appellants, and David L. Murphy, Superintendent, Attorney General of the State of North Carolina, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 4, 1991.

As Amended December 31, 1991.

Attorney(s) appearing for the Case

Howard Edwin Hill, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., argued (Lacy H. Thornburg, Atty. Gen., N.C. Dept. of Justice, on brief), for defendants-appellants.

Michael Gray Gibson, Charlotte, N.C., argued, for plaintiff-appellee.

Before WILKINSON and NIEMEYER, Circuit Judges, and JOSEPH F. ANDERSON, Jr., District Judge for the District of South Carolina, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

When Paul Brendan O'Bar, a North Carolina inmate, was removed from a work release program and placed in administrative segregation by state officials, he sued the officials in their individual capacities under 42 U.S.C. § 1983 (1988), based on allegations that their actions were prompted by the complaint of a member of the public and not by any disciplinary infraction. He contended that the actions taken by state officials...

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