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CARTER v. McGRADY

No. 01-1738.

292 F.3d 152 (2002)

Richard CARTER, SCI-Mahanoy Para-Legal Assistant/ on Behalf of Himself and Prison Population v. James McGRADY, Captain, and; Mary Canino, Hearing Examiner, in Their Individual and Official Capacity (Eastern District of PA Civil # 94-cv-7163) Richard Carter, on behalf of himself and all those similarly situated v. Martin L. Dragovich, Superintendent; Edward J. Klem, Superintendent of Centralized Services; Commonwealth of Pennsylvania; Pennsylvania Department of Corrections; SCI at Mahanoy; James McGrady, Captain (Eastern District of PA Civil # 96-cv-6496) Richard Carter, Appellant

United States Court of Appeals, Third Circuit.

Filed: May 29, 2002.

Attorney(s) appearing for the Case

Joseph A. Sullivan, Edward W. Ferruggia, Kimberly M. Kaplan (Argued), Lisa M. Scidurlo, Adam C. Bonin, Schnader, Harrison, Segal & Lewis, LLP, Philadelphia, PA, Counsel for Appellant.

D. Michael Fisher, Attorney General, Beth Anne Smith (Argued), Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Chief, Appellate Section, Office of Attorney General, Philadelphia, PA, Counsel for Appellees James McGrady, Martin L. Dragovich Edward J. Klem and Mary Canino.

Before: BECKER, Chief Judge, McKEE and BARRY, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

This is a prisoner's civil rights case, 42 U.S.C. § 1983, brought by Richard Carter, an inmate in the custody of the Pennsylvania Department of Corrections ("DOC"). Carter, an experienced and assiduous jailhouse lawyer, claims that he was unlawfully subjected to cell searches and disciplinary proceedings in retaliation for his jailhouse lawyering, which he contends was disfavored at the State Correctional Institute...

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