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GASTON v. TAYLOR

No. 89-7546.

946 F.2d 340 (1991)

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 October 8, 1991.

Attorney(s) appearing for the Case

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

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

Before ERVIN, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, WILKINSON, WILKINS and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

NIEMEYER, Circuit Judge:

When Zeb Gaston, an inmate at the James River Correctional Center in State Farm, Virginia, was discovered wearing pants with a concealed zipper in the crotch area (in addition to a normal buttoned closure), he was charged with violation of a prison regulation which prohibits possession of contraband. At a prison administrative hearing, he was found guilty and sentenced to "15-days isolation," which was suspended on the condition...

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