United States Fourth Circuit

Assuming that jail officials denied an inmate's request to move from his single-occupancy cell into a double-occupancy cell, solely because he is homosexual, the disparate treatment is justified by legitimate penological interests, and an equal protection claim is not actionable.

Appellate Information

• Argued 04/05/2002
• Decided 06/18/2002
• Published 06/18/2002

Judges

• Before WIDENER and WILLIAMS, Circuit Judges, and STAPLETON, Senior Circuit Judge of the United States Court of Appeals for the Third Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John M. Wright, Student, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant.   William Fisher Etherington, Beale, Balfour, Davison & Etherington, P.C., Richmond, Virginia, for Appellees.   ON BRIEF:  Neal L. Walters, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant.  William K. Lewis, Beale, Balfour, Davison & Etherington, P.C., Richmond, Virginia, for Appellees.