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EARLE v. SHREVES

No. 19-6655.

990 F.3d 774 (2021)

Vernon Norman EARLE, Plaintiff-Appellant, v. SHREVES, c/o; J. Rivera, Unit Manager for M-Unit at FCI Hazelton; R. Domas, Unit Manager for L-Unit; D. Washington, Operating Lieutenant; Mr. Gonoundy, [SIA] Special Investigative Agent; Mr. Breckon, Assistant Warden of Operations; Rachel Thompson, Administrative assistant/Remedy Coordinator; Jennifer Saad, Warden of FCI Hazelton; K. Kelly, Captain of FCI Hazelton; A. Gyorko, Case manager for Unit N-2 and for Plaintiff Directly; C. T. Pulice, Case Manager Coordinator; J. F. Caraway, Mid-Atlantic Regional Director; Ian Connors, National Inmates Appeals Administrator; Mr. Squires, [SIS] special investigative Service Lieutenant, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 10, 2021.

Attorney(s) appearing for the Case

ARGUED: Olivia O'Hea , GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Erin K. Reisenweber , OFFICE OF THE UNITED STATES ATTORNEY, Martinsburg, West Virginia, for Appellee. ON BRIEF: Erica Hashimoto , Director, Marcella Coburn , Supervising Attorney, Cynthia Anderson , Student Counsel, Matthew Angelo , Student Counsel, Connor Suozzo , Student Counsel, Appellate Litigation Program, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. William J. Powell , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellees.

Affirmed by published opinion. Senior Judge Traxler wrote the opinion, in which Judge Keenan and Judge Richardson joined.

In this case, we are called on to determine whether the implied constitutional cause of action recognized by the Supreme Court in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), may be extended to include a...

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