RISH v. JOHNSON

No. 96-7889.

131 F.3d 1092 (1997)

Anthony RISH; Larry Dolph; David H. Roberts, Plaintiffs-Appellees, and George H. Van Wagner, III; John McMahon, Plaintiffs, v. Sally JOHNSON, Doctor, in her official capacity as Associate Warden of Mental Health Services and Head of United States Public Health Services at Butner Federal Correctional Institute and individually; Cathy Hicks, in her official capacity as Unit Manager, Federal Correctional Institute Butner and individually; Wilber Lemay, Counselor, in his official capacity at Federal Correctional Institute Butner and individually, Defendants-Appellants, and Jim King, Case Manager, in his official capacity at Federal Correctional Institute Butner and individually; Michael J. Quinlan, as Director of Bureau of Prisons in his official capacity and individually; U.S. Government, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 18, 1997.


Attorney(s) appearing for the Case

ARGUED: Barbara Dickerson Kocher, Assistant United States Attorney, Raleigh, North Carolina, for Appellants. Jason James Kaus, Parker, Poe, Adams & Bernstein, L.L.P., Raleigh, North Carolina, for Appellees. ON BRIEF: Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellants. Robert H. Tiller, Parker, Poe, Adams & Bernstein, L.L.P., Raleigh, North Carolina, for Appellees.

Before MURNAGHAN and WILKINS, Circuit Judges, and HERLONG, United States District Judge for the District of South Carolina, sitting by designation.


Reversed by published opinion. Judge WILKINS wrote the majority opinion, in which Judge HERLONG joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

WILKINS, Circuit Judge:

Anthony Rish, Larry Dolph, and David Roberts (collectively, "the inmates") are incarcerated at the Federal Correctional Institution at Butner, North Carolina (F.C.I.Butner). They brought this action pur- suant to Bivens v. Six Unknown Named Agents of Federal...

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