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TORCASIO v. MURRAY

No. 94-7206.

57 F.3d 1340 (1995)

Anthony TORCASIO, Plaintiff-Appellee, v. Edward W. MURRAY, Director; G.L. Bass, Deputy Warden; Mary Sue Terry; Steven D. Rosenthal; Rufus Fleming; David L. Robinson; R.J. Beck; G.P. Dodson, Defendants-Appellants, and Vosbeck/DMJM, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1995.

Attorney(s) appearing for the Case

ARGUED: Mark Ralph Davis, Asst. Atty. Gen., Office of the Atty. Gen., Crim. Law Div., Richmond, VA, for appellants. Nancy Braverman Blume, Hughes, Hubbard & Reed, New York City, for appellee. ON BRIEF: James S. Gilmore, III, Atty. Gen., VA, Jill Bowers, Asst. Atty. Gen., Crim. Law Div., Office of the Atty. Gen., Richmond, VA, for appellants. Daniel H. Weiner, Hughes, Hubbard & Reed, New York City, Douglas M. Cott, Spirer & Cott, Westport, CT, for appellee.

Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed in part and reversed in part by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER and Senior Judge PHILLIPS joined.

OPINION

LUTTIG, Circuit Judge:

We consider in this case whether the district court erred when it partially denied qualified immunity to officials of the Virginia Department of Corrections (VDOC) in a suit by a morbidly obese inmate under section 504 of the Rehabilitation Act of 1973 (Rehabilitation Act...

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