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RAYNOR v. PUGH

No. 14-7746.

817 F.3d 123 (2016)

James Herman RAYNOR, Plaintiff-Appellant, v. G. PUGH, Housing Unit # 1 Manager, Defendant-Appellee, and Harold W. Clark, Director of Department of Corrections; Marie Vargo, Ms., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 17, 2016.

Attorney(s) appearing for the Case

ARGUED: Brian David Schmalzbach , McGuirewoods LLP, Richmond, Virginia, for Appellant. Trevor Stephen Cox , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: John D. Adams , Katherine Mims Crocker , McGuirewoods LLP, Richmond, Virginia, for Appellant. Mark R. Herring , Attorney General of Virginia, Cynthia E. Hudson , Chief Deputy Attorney General, Linda L. Bryant , Deputy Attorney General, Public Safety & Enforcement, Richard C. Vorhis , Senior Assistant Attorney General, J. Michael Parsons , Assistant Attorney General, Stuart A. Raphael , Solicitor General of Virginia, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge KING joined. Judge KEENAN wrote a separate opinion concurring in part and concurring in the judgment.

James Herman Raynor, an inmate at a Virginia correctional facility, brought this action pursuant to 42 U.S.C. § 1983 (2012), alleging that a prison official violated the Eighth Amendment by failing to protect Raynor from an attack by another inmate. The district court granted the official's motion for summary...

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