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AMOS v. MD DEPT. OF PUBLIC SAFETY & CORR. SERVICES

No. 96-7091.

126 F.3d 589 (1997)

Granville AMOS; Harvey W. Bloxom; Michael A. Holt; Teddy T. Jones; Charles Madison; Howard Megginson; Boris Prymeran; Gary Ralph; John Smith; Michael Hilman Smith; William Lewis Smith; Calvin J. Whiting; Dennis Brian Absher, Plaintiffs-Appellants, and Winfried Lee Rhodes, Plaintiff, v. MARYLAND DEPT. OF PUBLIC SAFETY AND CORRECTIONAL SERVICES; Roxbury Correctional Institution, Hagerstown, Maryland; Richard Lanham, Sr., in his official capacity as Commissioner, Maryland Division of Correction; John P. Galley, in his official capacity as Warden, Roxbury Correctional Institution; Ronald Moats, Warden, Roxbury Correctional Institution; William Smith, Warden, Maryland House of Correction, Defendants-Appellees. United States of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 22, 1997.

Attorney(s) appearing for the Case

ARGUED: Marjorie Lynn Rifkin, National Prison Project, ACLU Foundation, Washington, DC; Andrew Marc Dansicker, Hoguet, Newman & Regal, New York City, for Appellants. John Burnside Howard, Jr., Assistant Attorney General, Office of the Attorney General, Baltimore, MD, for Appellees. ON BRIEF: Margaret Winter, Eric Balaban, National Prison Project, ACLU Foundation, Washington, DC, for Appellants. J. Joseph Curran, Jr., Attorney General of Maryland, Carmen M. Shepard, Assistant Attorney General, Stephanie Lane-Weber, Assistant Attorney General, Baltimore, MD, for Appellees. Deval L. Patrick, Assistant Attorney General, David K. Flynn, Lisa Wilson Edwards, Linda F. Thome, United States Department of Justice, Washington, DC, for Amicus Curiae.

Before MURNAGHAN and WILLIAMS, Circuit Judges, and CLARKE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Senior Judge CLARKE joined. Judge MURNAGHAN wrote an opinion dissenting in part.

OPINION

WILLIAMS, Circuit Judge:

Thirteen disabled Maryland state prisoners incarcerated at the Roxbury Correctional Institution (RCI) in Hagerstown, Maryland, brought this suit against RCI; the Maryland Department of Public Safety and Correctional Services (MDPSCS); Richard Lanham, the Commissioner...

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