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CUSTIS v. DAVIS

No. 15-7533.

851 F.3d 358 (2017)

Ryricka Nikita CUSTIS, Plaintiff-Appellant, v. Keith DAVIS, Warden, Sussex I State Prison; S. Evans, Records Department Head at Sussex I State Prison; M. Woodruff, Medical Department Head at Sussex I State Prison; C.W. Lane, Lt. at Sussex I State Prison, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 23, 2017.

Attorney(s) appearing for the Case

ARGUED: Martha Francine Hutton , O'MELVENY & MYERS LLP, Washington, D.C., for Appellant. Matthew Robert McGuire , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. ON BRIEF: Saul Cohen , O'MELVENY & MYERS LLP, Washington, D.C., for Appellant. Mark R. Herring , Attorney General of Virginia, Stuart A. Raphael , Solicitor General, Trevor S. Cox , Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

Vacated and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Traxler and Judge Diaz joined.

Ryricka Custis was an inmate at Sussex I State Prison. Because he is missing toes on his right foot, the Virginia Department of Corrections medical staff required that Custis be assigned to a bottom bunk in a bottom-tier cell. He originally received a compliant bunk assignment, but was later temporarily moved to an upper-tier...

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