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BROWN v. NORTH CAROLINA DEPT. OF CORRECTIONS

No. 08-8501.

612 F.3d 720 (2010)

Samuel Albright BROWN, Jr., Plaintiff-Appellant, v. NORTH CAROLINA DEPARTMENT OF CORRECTIONS; FNU Winkler, Officer; FNU Simms, Officer; FNU Teague, Officer, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 11, 2010.

Ordered Published: July 20, 2010.

Attorney(s) appearing for the Case

ARGUED: Charles Matthew Hill, Public Justice Center, Baltimore, Maryland, for Appellant. James Philip Allen, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.

ON BRIEF: Roy Cooper, Attorney General, Raleigh, North Carolina, for Appellees.

Vacated and remanded by published opinion. Judge LEGG wrote the opinion, in which Judge MICHAEL and Judge GREGORY joined.

OPINION

LEGG, District Judge:

Samuel Albright Brown, an inmate incarcerated at the Alexander Correctional Institute ("ACI") in Taylorsville, North Carolina, filed the instant suit under 42 U.S.C. § 1983, alleging that Defendants, Correctional Officers Winkler, Teague, and Simms, and the North Carolina Department of Corrections, violated his rights under the Eighth Amendment of the United States Constitution. Specifically, Brown alleges that Defendants...

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