816 F.2d 977 (4th Cir. 1987), 82-6181, Pressly v. Hutto

Docket Nº:82-6181.
Citation:816 F.2d 977
Party Name:Francis Hunter PRESSLY, Appellant, v. Terrell Don HUTTO, Director; Thomas J. Towberman, Regional Administrator; N.D. Hall, Regional Ombudsman; W.J. Townley, Superintendent, Unit # 23; Ms. Tucker, Nurse, Unit # 23; Sgt. Smoot, Officer in Charge, Unit # 23; Sgt. Ford, Officer in Charge, Unit # 23; Sgt. R.R. Overby, Officer in Charge, Unit ## 23; Offi
Case Date:April 28, 1987
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 977

816 F.2d 977 (4th Cir. 1987)

Francis Hunter PRESSLY, Appellant,

v.

Terrell Don HUTTO, Director; Thomas J. Towberman, Regional

Administrator; N.D. Hall, Regional Ombudsman; W.J.

Townley, Superintendent, Unit # 23; Ms. Tucker, Nurse, Unit

# 23; Sgt. Smoot, Officer in Charge, Unit # 23; Sgt. Ford,

Officer in Charge, Unit # 23; Sgt. R.R. Overby, Officer in

Charge, Unit ## 23; Officer Griffith; Officer Poole;

Officer Nichols; Officer Cole, Appellees.

No. 82-6181.

United States Court of Appeals, Fourth Circuit

April 28, 1987

        Argued Feb. 3, 1987.

Page 978

        George Rutherglen, Supervising Atty., University of Virginia School of Law; Elizabeth Finn Johnson, Third-Year Student, University of Virginia School of Law, for appellant.

        Nelson H.C. Fisher, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., of Va.; Mark R. Davis, Asst. Atty. Gen., on brief), for appellees.

        Before WINTER, Chief Judge, PHILLIPS, Circuit Judge, and BUTZNER, Senior Circuit Judge.

        JAMES DICKSON PHILLIPS, Circuit Judge:

        Francis Pressly, a convicted Virginia inmate at the time this action was filed, appeals the district court's grant of summary judgment for defendants in his 42 U.S.C. Sec. 1983 action against employees of the Department of Corrections. We affirm in part, vacate in part, and remand.

        Although Pressly raised several claims, all of which were denied, he appeals only the denial of his claim against Sergeant R.R. Overby. The relevant forecast of evidence, as developed on the summary judgment record, was as follows.

        At approximately 7:30 p.m. on June 22, 1981, a disturbance erupted in the Southside Dormitory of Halifax County Correctional Unit # 23 involving Pressly and three other inmates, Russell, Powell, and Tobias. Sergeant R.R. Overby, the officer in charge that evening, went to the dormitory and found Pressly and Powell engaged in an argument. Because Pressly had sustained an injury to his eye, he was taken to the emergency room of a local hospital where he was treated and released. Sgt. Overby testified that after Pressly returned from the hospital he questioned all four inmates about the incident and received four different accounts. Pressly maintained that Powell, Tobias, and Russell had assaulted him because Powell thought Pressly had made a disparaging remark about Powell. Russell claimed to know nothing about the incident. Powell stated that Pressly...

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