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HOLLY v. SCOTT

No. 05-6287.

434 F.3d 287 (2006)

Ricky Lee HOLLY, Plaintiff-Appellee, v. Willie SCOTT; Gaddy Lassiter, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 12, 2006.

Attorney(s) appearing for the Case

Mark Allen Davis, Womble, Carlyle, Sandridge & Rice, Raleigh, North Carolina, for Appellants. James Phillip Griffin, Jr., North Carolina Prisoner Legal Services, Inc., Raleigh, North Carolina, for Appellee.

Before WILKINSON and MOTZ, Circuit Judges, and R. BRYAN HARWELL, United States District Judge for the District of South Carolina, sitting by designation.

Reversed by published opinion. Judge WILKINSON wrote the opinion, in which Judge HARWELL joined. Judge MOTZ wrote a separate opinion concurring in the judgment.

OPINION

WILKINSON, Circuit Judge.

We granted interlocutory review in this case to decide whether individual employees of a privately operated prison face Eighth Amendment liability under Bivens v. Six Unknown Named Agents of Federal Bureau of...

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