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RICH v. U.S.

No. 14-7204.

811 F.3d 140 (2015)

Joshua RICH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 29, 2015.

Attorney(s) appearing for the Case

ARGUED: Jay Thornton McCamic , McCamic, Sacco & McCoid, PLLC, Wheeling, West Virginia, for Appellant. Alan McGonigal , Office of the United States Attorney, Wheeling, West Virginia, for Appellee. ON BRIEF: William J. Ihlenfeld, II , Assistant United States Attorney, Office of the United States Attorney, Wheeling, West Virginia, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KEENAN wrote the opinion, in which Judge WYNN and Judge DIAZ joined.

While serving a fifty-seven year sentence at the United States Penitentiary in Bruceton Mills, West Virginia (USP Hazelton), Joshua Rich was attacked in a recreation area, or "cage," by several other inmates. He was severely beaten and stabbed several times. A nine-inch-long homemade knife was recovered at the...

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