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KING v. RUBENSTEIN

No. 15-6382.

825 F.3d 206 (2016)

Adrian F. KING, Jr., Plaintiff-Appellant, v. Jim RUBENSTEIN, Commissioner; Marvin C. Plumley, Warden; Dianne R. Miller, Associate Warden Programs/Housing; Sergeant Grover Rosencrance, Deputy Warden; Lester Thompson, Unit Manager E-1 Segregation; Sherri Davis, Unit Manager E-2 Segregation; Stacy Scott, Supervised Psychologist/Ad Seg Board; Mike Smith, Sr., Unit Manager Ad Seg Board; Samantha Gsell, Case Manager Ad Seg Board; Adam Smith, Unit Manager/Ad Seg Board Chairman; Cliff Goodin, Head Psychologist, in their official and personal capacities, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 7, 2016.

Attorney(s) appearing for the Case

ARGUED: Tennille Jo Checkovich , McGuireWoods LLP, Richmond, Virginia, for Appellant. Natalie C. Schaefer , Shuman, McCuskey & Slicer, PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: Michael W. Stark , McGuireWoods LLP, Richmond, Virginia, for Appellant. Kimberly M. Bandy , Shuman, McCuskey & Slicer, PLLC, Charleston, West Virginia, for Appellees Jim Rubenstein, Marvin C. Plumley, Dianne R. Miller, Grover Rosencrance, Lester Thompson, Sherri Davis, Mike Smith, Sr., Samantha Gsell, and Adam Smith.

Affirmed in part, reversed, vacated, and remanded in part by published opinion. Judge Gregory wrote the opinion, in which Judge Duncan and Judge Floyd joined.

Adrian F. King, Jr. appeals the district court's dismissal of his complaint for failure to state a claim. King filed suit under 42 U.S.C. § 1983 against several correctional officers, medical personnel, and prison administrators for alleged violations of his constitutional rights after he underwent surgery to remove...

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