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DANSER v. STANSBERRY

No. 13-1828.

772 F.3d 340 (2014)

David Karl DANSER, Plaintiff-Appellee, v. Warden Patricia R. STANSBERRY; Lieutenant Bobby Roy; Officer Theron Boyd, Defendants-Appellants, and Lieutenant Dodson; Officer Diaz, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 3, 2014.

Amended: September 12, 2014.

Attorney(s) appearing for the Case

ARGUED: Michael Gordon James , Office of the United States Attorney, Raleigh, North Carolina, for Appellants. Elizabeth Guild Simpson , North Carolina Prisoner Legal Services, Inc., Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas G. Walker , United States Attorney, R.A. Renfer, Jr. , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellants.

Vacated and remanded with instructions by published opinion. Judge KEENAN wrote the opinion, in which Judge WILKINSON and Judge DIAZ joined.

BARBARA MILANO KEENAN, Circuit Judge:

In this appeal, we consider whether the district court erred in holding that certain prison officials were not entitled to qualified immunity for injuries inflicted by an inmate on David K. Danser, a federal prisoner serving a sentence for convictions involving the sexual abuse of a minor. The incident occurred after prison officials left an enclosed recreation space unsupervised for several minutes, during which period Danser...

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