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DUCKETT v. FULLER

No. 15-6568.

819 F.3d 740 (2016)

Lewis DUCKETT, Plaintiff-Appellant, v. Marcia FULLER, SCDC Dietician in their individual or personal capacities; Mrs. Ball, First Name Unknown Kershaw Cafeteria Supervisor in their individual or personal capacities; Michael L. Fair, Legislative Audit Counsel in their individual or personal capacities; SC District 6, Greenville County State Senate in their individual or personal capacities; Boyd H. Parr, Director of Poultry Products and Inspection in their individual or personal capacities, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: April 25, 2016.

Attorney(s) appearing for the Case

ARGUED: Ricardo Camposanto , University of Virginia School of Law, Charlottesville, Virginia, for Appellant. Sheila M. Bias , Richardson Plowden & Robinson, P.A., Columbia, South Carolina, for Appellees. ON BRIEF: Stephen L. Braga , Counsel of Record, Kaitlyn Tongalson , Third Year Law Student, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, Virginia, for Appellant. Caleb M. Riser , Richardson Plowden & Robinson, P.A., Columbia, South Carolina, for Appellees.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion in which Judge MOTZ and Judge COGBURN joined.

Lewis Duckett commenced this action against employees of the South Carolina Department of Corrections ("SCDC") and others, alleging that the food served to him at the Kershaw Correctional Institution, a prison managed by the SCDC, was so deficient as to violate his Eighth Amendment rights. The form of Duckett's complaint...

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