Henderson v. Majors, Nos. 85-6573

CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)
Writing for the CourtBefore SPROUSE, WILKINSON and WILKINS; PER CURIAM
Citation825 F.2d 406
PartiesUnpublished Disposition NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit. Clarence HENDERSON a/k/a Edward Ronald Henderson, Plaintiff-Appellant, v. Claud MAJORS, Lt.; Robert Hughes; D.S.C. Patrick; State of South Carolina; Attorney General of Columbia, South Carolina, Defendant-Appellees. Clarence HENDERSON a/k/a Edward Ronald Henderson, Plaintiff-Appellant, v. Claud MAJORS, Lt.; Robert Hughes; D.S.C. Patrick; State of South Carolina; Attorney General of Columbia, South Carolina, Defendant-Appellees.
Decision Date20 July 1987
Docket Number86-7239,Nos. 85-6573

Page 406

825 F.2d 406
Unpublished Disposition
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Clarence HENDERSON a/k/a Edward Ronald Henderson, Plaintiff-Appellant,
v.
Claud MAJORS, Lt.; Robert Hughes; D.S.C. Patrick; State of
South Carolina; Attorney General of Columbia,
South Carolina, Defendant-Appellees.
Clarence HENDERSON a/k/a Edward Ronald Henderson, Plaintiff-Appellant,
v.
Claud MAJORS, Lt.; Robert Hughes; D.S.C. Patrick; State of
South Carolina; Attorney General of Columbia,
South Carolina, Defendant-Appellees.
Nos. 85-6573, 86-7239
United States Court of Appeals, Fourth Circuit.
Submitted Dec. 12, 1986.
Decided July 20, 1987.

Clarence Henderson, appellant pro se.

William Henry Davidson, II, Nauful & Ellis, P.C., for appellees Majors and Hughes.

John Wilson Patrick, for appellee Patrick.

Frank Louis Valenta, Jr., Assistant Attorney General, for State of South Carolina and Attorney General of South Carolina.

Before SPROUSE, WILKINSON and WILKINS, Circuit Judges.

PER CURIAM:

Clarence Henderson, a South Carolina inmate, appeals the district court's denial of relief under 28 U.S.C. Sec. 2254 and 42 U.S.C. Sec. 1983, and its refusal to release him on bond. We affirm.

Henderson made the following allegations in his petition for habeas relief and his complaint for Sec. 1983 relief:

(1) he was denied the effective assistance of counsel;

(2) he was illegally arrested and was not promptly advised of his Miranda rights;

(3) he was shot by the alleged victim of the crime in violation of his right to be free from cruel and unusual punishment;

(4) counsel allowed contradictory testimony into the record; and

(5) the trial court allowed false testimony by the state's witnesses.

The state stipulated that Henderson had exhausted his state remedies. While noting that certain claims had never been presented to the South Carolina courts, the state maintained that this failure constituted a procedural default rather than a lack of exhaustion.

The district court agreed, rejecting Henderson's claim of ineffective assistance on its merits and finding that Henderson had waived federal habeas review of his remaining claims. As to Henderson's claim of use of excessive force by D.S.C. Patrick, the district court held that Patrick, a private citizen, was not amenable to suit under 42 U.S.C. Sec. 1983 because he did not act under color of state law.

We have reviewed Henderson's claims of ineffective...

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