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eBook details

• Title: Brice V. Virginia Beach Correctional Center
• Author : United States Court of Appeals for the Fourth Circuit
• Release Date : January 28, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Virginia Beach Correctional Center (VBCC) inmate Eric Brice brought this pro se civil rights action under 42 U.S.C. § 1983 against the City of Virginia Beach, the VBCC, the sheriff of Virginia Beach, and a prison guard, alleging that they violated his rights under the Eighth and Fourteenth Amendments by failing to protect him from the attack of another inmate and by failing to provide adequate medical care for injuries he sustained during the attack. The district court entered judgments in favor of all the defendants. On this appeal, Brice challenges only the district court's ruling that one of the defendants, Deputy Sheriff John Nieves, was not deliberately indifferent to Brice's serious medical needs. Because the district court's findings of subsidiary fact are too imprecise and equivocal to support its ultimate determination that Deputy Nieves did not act with deliberate indifference and because that determination may have been based upon an erroneous view of the controlling legal standard, we vacate that ruling and remand for reconsideration of the claim against Nieves.

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