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SPICER v. COM. OF VA., DEPT. OF CORRECTIONS

Nos. 93-2136, 93-2182.

66 F.3d 705 (1995)

Peggy M. SPICER, Plaintiff-Appellee, v. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CORRECTIONS, Defendant-Appellant, and Buckingham Correctional Center; David Smith, in his capacity as the Warden of Buckingham Correctional Center, Commonwealth of Virginia Department of Corrections; J.M. Perutelli, Captain, Defendants. Peggy M. SPICER, Plaintiff-Appellant, v. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CORRECTIONS; Buckingham Correctional Center; Buckingham Correctional Center; David Smith, in his capacity as the Warden of Buckingham Correctional Center, Commonwealth of Virginia Department of Corrections; J.M. Perutelli, Captain, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1995.

Attorney(s) appearing for the Case

ARGUED: Guy Winston Horsley, Jr., Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant. Tinya Lynnette Banks, Leftwich & Douglas, Washington, DC, for Appellee. ON BRIEF: James S. Gilmore, III, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellant. Natalie O. Ludaway, Brian K. Pearlstein, Leftwich & Douglas, Washington, DC, for Appellee.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL and MOTZ, Circuit Judges.

Judgment vacated and case remanded by published opinion. Judge NIEMEYER wrote the opinion for the court in which Judges RUSSELL, WIDENER, HALL, WILKINSON, WILKINS, HAMILTON, LUTTIG, and WILLIAMS joined. Judge MOTZ wrote a dissenting opinion in which Chief Judge ERVIN and Judges MURNAGHAN and MICHAEL joined.

OPINION

NIEMEYER, Circuit Judge:

Peggy M. Spicer, a rehabilitation counselor employed by the Virginia Department of Corrections at the Buckingham...

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