CANTLEY v. WEST VIRGINIA REG. JAIL & CORRECTIONAL

No. 13-7655.

771 F.3d 201 (2014)

Michael CANTLEY, and; Floyd Teter, on behalf of themselves and on behalf of a Class of others similarly situated, Plaintiffs-Appellants, v. The WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACICILITY AUTHORITY, and; Terry L. Miller, both individually and in his official capacity as Executive Director of the West Virginia Regional Jail and Correctional Facility Authority and; Joseph A. Delong, both individually and in his official capacity as Acting Executive Director of the West Virginia Regional Jail and Correctional Facility Authority and; Larry Parsons, both individually and in his official capacity as Executive Director of the West Virginia Regional Jail and Correctional Facility Authority, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 14, 2014.


Attorney(s) appearing for the Case

ARGUED: Elmer Robert Keach, III , Law Offices of Elmer Robert Keach III, PC, Amsterdam, New York, for Appellants. David J. Mincer , Bailey & Wyant, PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: D. Aaron Rihn , Robert Peirce & Associates, PC, Pittsburgh, Pennsylvania; Nicholas Migliaccio , Whitfield, Bryson & Mason, LLP, Washington, D.C.; Daniel Karon , Goldman, Scarlato, Karon & Penny, PC, Cleveland, Ohio, for Appellants.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge SHEDD and Judge WYNN joined. Judge WYNN wrote a separate concurring opinion.


WILKINSON, Circuit Judge:

This case involves the visual strip-searching and delousing of two men held in two different jails in West Virginia. Plaintiffs Michael Cantley and Floyd Teter brought a 42 U.S.C. § 1983 action for damages and equitable relief against the West Virginia Regional Jail and Correctional Facility Authority ("WVRJA") and three former and current Executive Directors of the WVRJA. The WVRJA is the state agency tasked with overseeing the ten...

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