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MORRISON v. GARRAGHTY

No. 00-6540.

239 F.3d 648 (2001)

Gary David Morrison, Jr., Plaintiff-Appellee, v. David A. Garraghty, Chief Warden; M. C. Millard, Associate Warden, Defendants-Appellants, and Ronald J. Angelone, Director, Virginia Department of Corrections, Defendant. UNITED STATES of America, Movant.

United States Court of Appeals, Fourth Circuit.

Decided: February 7, 2001.

Attorney(s) appearing for the Case

ARGUED: Pamela Anne Sergeant, Assistant Attorney General, Criminal Law Division, Office of the Attorney General, Richmond, Virginia, for Appellants.

Rebecca Kim Glenberg, American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for Appellee.

ON BRIEF: Mark L. Earley, Attorney General, Criminal Law Division, Office of the Attorney General, Richmond, Virginia, for Appellants.

Richard W. Ferris, Lydia L. King, Third-year Law Student, American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for Appellee.

Before TRAXLER and KING, Circuit Judges, and Alexander WILLIAMS, Jr., United States District Judge for the District of Maryland, sitting by designation.

OPINION

TRAXLER, Circuit Judge:

Gary David Morrison, Jr., an inmate incarcerated at Greensville Correctional Center ("GCC") in Virginia, filed this action under 42 U.S.C.A. § 1983 (West Supp. 2000), claiming that defendants David A. Garraghty, warden of GCC, and M.C. Millard, assistant warden of GCC, violated his rights under the Equal Protection Clause of the United States Constitution by treating him differently from other inmates based solely upon...

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