Lee O. WILSON, Jr., Plaintiff-Appellant,
v.
Gene JOHNSON, Director of Department of Corrections; Doris Ewing, court and Legal Supervisor; Edward Meeks, Superintendent Cold Springs Work Center, Defendants-Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: March 18, 2008.
Decided: July 25, 2008.
Attorney(s) appearing for the Case
ARGUED: Katherine Crawford, Duke University School of Law, Durham, North Carolina, for Appellant. Stephen R. McCullough, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Erwin Chemerinsky, James E. Coleman, Jr.; Students Sachin Bansal, Virginia Duke, Catherine Tucker, Kish Vinayagamoorthy, Duke University School of Law, Durham, North Carolina, for Appellant. Robert F. McDonnell, Attorney General of Virginia, William E. Thro, State Solicitor General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees.
Reversed and remanded by published opinion, Judge GREGORY wrote the opinion, in which Judge MICHAEL joined. Senior Judge HANSEN wrote a dissenting opinion.
United States Court of Appeals, Fourth Circuit.
OPINION
GREGORY, Circuit Judge:
The Appellant, Lee O. Wilson, Jr., ("Wilson") appeals the district court's decision to dismiss his 42 U.S.C. § 19831 action against the Virginia Department of Corrections. Wilson claims that he is entitled to monetary damages for unconstitutional imprisonment because Virginia improperly extended the length of his prison sentence. The district court, citing to the Supreme Court's decision in...
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