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ALTIZER v. DEEDS

No. 97-7111.

191 F.3d 540 (1999)

Frank Ervin ALTIZER, Jr., Plaintiff-Appellee, v. George DEEDS, Defendant-Appellant, and Richard Fleming; Sergeant Minton, Defendants, Steven H. Goldblatt, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 7, 1999.

Attorney(s) appearing for the Case

ARGUED: Pamela Anne Sargent, Assistant Attorney General, Criminal Law Division, Office of the Attorney General, Richmond, Virginia, for Appellant. Ashley N. Bailey, Student, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Amicus Curiae. ON BRIEF: Mark L. Earley, Attorney General, Criminal Law Division, Office of the Attorney General, Richmond, Virginia, for Appellant. Steven H. Goldblatt, Director, Christopher M. Anzidei, Student Counsel, Jeremy G. Suiter, Student, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Amicus Curiae.

Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges.

Reversed by published opinion. Judge Williams wrote the majority opinion, in which Judge Widener joined. Judge Michael wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

George Deeds, warden of the Keen Mountain Correctional Center (KMCC), appeals, through the Attorney General for the Commonwealth of Virginia, the district court's order granting Frank Altizer, a Virginia prisoner, partial summary judgment in Altizer's 42 U.S.C.A. §...

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