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HUBBARD v. TAYLOR

No. 03-2372.

399 F.3d 150 (2005)

Gregory HUBBARD; Alvin Phillips; Julian Payne; Curtis Gibbs; Gregory J. Bolling; Leonard Garner; Gregorio Tomas; Desmond Brown; Thellie Chamblee; Spud M. Burns, Jr.; Robert Ward; Christopher Vavala; Kristofer Jackson; Timothy Thomas; Paul C. Woodward; Joseph Michael Creegan, Jr.; Javari Williams; Floyd Hunt; Bryant Charles; Claude Jones; Eddie A. Carter; Theodore Jackson; Andre Murray; Atif Mohammad; Pedro Rivera, Jr.; Andrew P. Blake; Linwood Wilson; William T. Davis; Will T. Graham; Kevin M. Agnew; Noel Santiago; Walter Krause, III; Barry J. Green; Wedus Maddox, a/k/a Wedus Moddo; Raymond Stevens; James A. Wilson; Matthew Major, Jr.; Percy Osborne; Kevin Ketchum, Appellants, v. Stanley TAYLOR, Commissioner; Raphael Williams, Warden; M. Jane Brady, Attorney General.

United States Court of Appeals, Third Circuit.

February 23, 2005.

Attorney(s) appearing for the Case

Paul E. Crawford, (Argued), Helena Rychlicki, Connolly Bove Lodge & Hutz, Wilmington, for Appellants.

Richard W. Hubbard, (Argued), Gregory E. Smith, Deputy Attorneys General, State of Delaware, Department of Justice, Wilmington, for Appellees.

Before SCIRICA, Chief Judge, ROTH and McKEE, Circuit Judges.

OPINION

McKEE, Circuit Judge.

Pre-trial detainees housed at a correctional facility in Delaware ask us to review the district court's grant of summary judgment in favor of prison officials and the state's Attorney General. The detainees claim that certain conditions of their confinement deprive them of liberty without due process of law in violation of the Fourteenth Amendment. Inasmuch as we conclude that the district court improperly analyzed their claim...

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