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MAYS v. SMITH

No. 20-7540.

70 F.4th 198 (2023)

Joseph Randolph MAYS, Plaintiff-Appellant, v. T. B. SMITH, Warden, FCI Butner 1; S. Ma'at, Assoc. Warden, FCI Butner 1; Jamie Hoskins, Unicor Factory Manager; V. Willis, Unit Manager; J. Halfast, Case Manager; R. Martin, Counselor; Lt. Christopher; K. Hendry; Officer V. Wilkins; Officer Glass; Officer Slaydon; Officer Lassitar; J. Caraway, Regional Director; John/Jane Does, Defendants-Appellees, and United States of America, Party-in-Interest. Rights Behind Bars; Roderick & Solange MacArthur Justice Center, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 6, 2023.

Attorney(s) appearing for the Case

ARGUED: Devin L. Redding , WEST VIRGINIA UNIVERSITY COLLEGE OF LAW, Morgantown, West Virginia, for Appellant. Marie Cepeda Mekosh , DUKE UNIVERSITY SCHOOL OF LAW, Durham, North Carolina, for Appellee. ON BRIEF: Lawrence D. Rosenberg , JONES DAY, Washington, D.C., for Appellant. Michael F. Easley, Jr. , United States Attorney, Sharon C. Wilson , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees. Samuel Weiss , RIGHTS BEHIND BARS, Washington, D.C.; Easha Anand , RODERICK & SOLANGE MACARTHUR JUSTICE CENTER, San Francisco, California, for Amici Curiae.

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

Joseph Mays, a federal inmate, brings claims under the Fifth Amendment for money damages against federal prison officials for alleged violations of procedural due process and equal protection. Mays contends his claims are authorized by Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403...

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