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DAVIS v. WIGEN

No. 21-3162.

82 F.4th 204 (2023)

Brian A. DAVIS; Fredricka K. Beckford, Appellants v. George C. WIGEN, Former Warden, Moshannon Valley Correctional Center; The Geo Group, Inc.; Donna Mellendick, Former Administrator, Bureau of Prisons Privatization Management Branch; David O'Neill, Assistant Field Director, Department of Homeland Security.

United States Court of Appeals, Third Circuit.

(Filed: September 19, 2023).

Attorney(s) appearing for the Case

Stephen A. Fogdall [ARGUED], Dilworth Paxson, 1500 Market Street, Suite 3500E, Philadelphia, PA 19102, Counsel for Appellants.

Dino L. LaVerghetta , Sidley Austin, 1501 K Street, N.W., Washington, DC 20005, Counsel for Amicus Appellants.

Morgan M.J. Randle , Teresa O. Sirianni , Marshall Dennehey Warner Coleman & Goggin, 501 Grant Street, Union Trust Building, Suite 700, Pittsburgh, PA 15219, Thomas A. Specht [ARGUED], Marshall Dennehy Warner Coleman & Goggin, P.O. Box 3118, Scranton, PA 18505, Counsel for Appellees George C. Wigen and GEO Group, Inc.

Jacqueline C. Brown , Adam N. Hallowell [ARGUED], Laura S. Irwin , Office of United States Attorney, 700 Grant Street, Suite 4000, Pittsburgh, PA 15219, Counsel for Appellees Donna Mellendick and David O'Neill.

Before: RESTREPO, McKEE, and SMITH, Circuit Judges.

OPINION OF THE COURT

Plaintiff-Appellants are a former federal inmate, Brian Davis, and his fiancée, Fredricka Beckford. Davis served four years of his sentence at Moshannon Valley Correctional Center, a private prison that primarily houses alien inmates. During that time, he submitted a request to the prison...

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