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MITCHELL v. RICE

No. 90-6040.

954 F.2d 187 (1992)

James Calvin MITCHELL, Plaintiff-Appellee, v. Nathan A. RICE; Bobby R. Watson; Bob Seymore, Defendants-Appellants, and James Martin, Governor; J. Dwight Sanderford; Gene T. Cousin, in their individual and official capacities, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 10, 1992.

Attorney(s) appearing for the Case

Sylvia Hargett Thibaut, Asst. Atty. Gen., Raleigh, N.C., argued (Lacy H. Thornburg, Atty. Gen., on brief), for defendants-appellants.

Robert J. King, III, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, N.C., argued (Mack Sperling, on brief), for plaintiff-appellee.

Before RUSSELL, HALL and PHILLIPS, Circuit Judges.

OPINION

PER CURIAM:

This case returns to us after two prior appeals. The present appeal challenges the district court's dismissal of Appellants' summary judgment motion. Appellants, North Carolina prison officials, were defendants below in a section 1983 prisoner complaint charging that deprivation of out-of-cell exercise opportunities for extended periods of time violated the Eighth Amendment prohibition against cruel and unusual punishment [836 F.2d 546...

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