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WINFIELD v. BASS

Nos. 94-7346, 95-6422.

106 F.3d 525 (1997)

Rodney WINFIELD, Plaintiff-Appellee, v. G.L. BASS; Kelvin Carlyle; Anthony Clatterbuck; James Hicks; Galvin Sizemore; Ronald Williams, or Walter Williams; Donald Wilmouth, Lieutenant, Defendants-Appellants, and Unknown Prison Guards, Defendants. Rodney WINFIELD, Plaintiff-Appellee, v. G.L. BASS; Kelvin Carlyle; Anthony Clatterbuck; James Hicks; Galvin Sizemore; Ronald Williams, or Walter Williams; Donald Wilmouth, Lieutenant, Defendants-Appellants, and Unknown Prison Guards, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 1997.

Attorney(s) appearing for the Case

ARGUED: Lance Bradford Leggitt, Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Appellants. Saád El-Amin, El-Amin & Crawford, P.C., Richmond, VA, for Appellee. ON BRIEF: James S. Gilmore, III, Attorney General, Pamela A. Sargent, Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Appellants. Beverly D. Crawford, El-Amin & Crawford, P.C., Richmond, VA, for Appellee.

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

Reversed by published opinion. Judge WILKINS wrote the majority opinion, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, and MOTZ joined. Chief Judge WILKINSON wrote a concurring opinion, in which Judges RUSSELL, WIDENER, and HAMILTON joined. Judge MOTZ wrote a concurring opinion. Senior Judge PHILLIPS wrote a dissenting opinion, in which Judges HALL, MURNAGHAN, ERVIN, and MICHAEL joined.

OPINION

WILKINS...

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