Granville AMOS; Harvey W. Bloxom; Michael A. Holt; Teddy T. Jones; Charles Madison; Howard Megginson; Boris Prymerman; Gary Ralph; John Smith; Michael Hilman Smith; William Lewis Smith; Calvin J. Whiting; Dennis Brian Absher, Plaintiffs-Appellants,
United States of America, Intervenor, and
Winfried Lee Rhodes, Plaintiff,
v.
MARYLAND DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES; Roxbury Correctional Institution, Hagerstown, Maryland; Richard Lanham, Sr., in his official capacity as Commissioner, Maryland Division of Correction; John P. Galley, in his official capacity as Warden, Roxbury Correctional Institution; Ronald Moats, Warden, Roxbury Correctional Institution; William Smith, Warden, Maryland House of Correction, Defendants-Appellees.
National Advisory Group for Justice; The Association of State Correctional Administrators, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: December 4, 1998.
Decided: June 24, 1999.
Attorney(s) appearing for the Case
ARGUED: Marjorie Lynn Rifkin, National Prison Project, ACLU Foundation, Washington, D.C., for Appellants. Seth Michael Galanter, United States Department of Justice, Washington, D.C., for Intervenor. Maureen Mullen Dove, Assistant Attorney General, Baltimore, Maryland, for Appellees. Marci A. Hamilton, Professor of Law, Benjamin N. Cardozo School of Law, New York, New York, for Amicus Curiae ASCA. ON BRIEF: Margaret Winter, Elizabeth Alexander, Jerome W. Wesevich, National Prison Project, ACLU Foundation, Washington, D.C., for Appellants. Bill Lann Lee, Acting Assistant Attorney General, Jessica Dunsay Silver, United States Department of Justice, Washington, D.C., for Intervenor. J. Joseph Curran, Jr., Attorney General of Maryland, Stephanie Lane-Weber, Assistant Attorney General, David P. Kennedy, Assistant Attorney General, Baltimore, Maryland, for Appellees. Barbara E. Ransom, Kirsten E. Keefe, the Public Interest Law Center of Philadelphia, Philadelphia, Pennsylvania, for Amicus Curiae Advisory Group.
Before MURNAGHAN and WILLIAMS, Circuit Judges, and CLARKE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Reversed and remanded by published opinion. Senior Judge Clarke wrote the opinion. Judge Murnaghan wrote a concurring opinion. Judge Williams wrote a dissenting opinion.
OPINION
CLARKE, Senior District Judge.
Thirteen disabled Maryland state prisoners (collectively Appellants) incarcerated at Roxbury Correctional Institution (RCI) at Hagerstown, Maryland, brought suit against RCI, the Maryland Department of Public Safety and Correctional Services...
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