BROOKS v. ARTHUR

No. 09-1551.

626 F.3d 194 (2010)

James BROOKS; Donald Hamlette; Samuel St. John, Plaintiffs-Appellants, v. Howard R. ARTHUR, Sr., In his individual capacity; Randal Mitchell, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 19, 2010.


Attorney(s) appearing for the Case

Richard F. Hawkins, III , Hawkins Law Firm, Richmond, Virginia, for Appellants. Sydney Edmund Rab , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER and Judge CONRAD joined.


OPINION

KING, Circuit Judge:

In 2008, plaintiffs James Brooks, Donald Hamlette, and Samuel St. John, who were correctional officers for Virginia's Department of Corrections (the "Department"), initiated these since-consolidated civil actions in the Western District of Virginia, asserting retaliation claims under 42 U.S.C. § 1983. Their respective complaints named as defendants Howard R. Arthur, Sr., and Randal W. Mitchell — the plaintiffs' supervisors...

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