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BRICE v. VIRGINIA BEACH CORRECTIONAL CENTER

No. 93-6549.

58 F.3d 101 (1995)

Eric A. BRICE, Plaintiff-Appellant, v. VIRGINIA BEACH CORRECTIONAL CENTER; Frank Drew, Sheriff; John Nieves, Deputy Sheriff, Defendants-Appellees, and City of Virginia Beach, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1995.

Attorney(s) appearing for the Case

ARGUED: Jeffrey R. Palk, Student Counsel, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, DC, for appellant. Mark Douglas Stiles, Willcox & Savage, P.C., Norfolk, VA, for appellee. ON BRIEF: Steven H. Goldblatt, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, DC, for appellant. Conrad M. Shumadine, Willcox & Savage, P.C., Norfolk, VA, for appellee.

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

Vacated and remanded by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge RUSSELL and Judge LUTTIG joined.

OPINION

PHILLIPS, Senior Circuit Judge:

Virginia Beach Correctional Center (VBCC) inmate Eric Brice brought this pro se civil rights action under 42 U.S.C. § 1983 against the City of Virginia Beach, the VBCC, the sheriff of Virginia Beach, and a prison guard, alleging that they violated his rights under the Eighth...

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