Raymond Ganim, Plaintiff-appellant, v. Frank E. Basil, Inc., Defendant-appellee.arnold Hopkins, Commissioner of Correction; Ralph Packard,warden, Maryland House of Correction, Defendants, 852 F.2d 565 (4th Cir. 1988)

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U.S. Court of Appeals for the Fourth Circuit - 852 F.2d 565 (4th Cir. 1988)

Argued: March 9, 1988. Decided: July 13, 1988

Edwin R. Goodlander (Daniel R. Chemers; Weinberg & Green on brief), for appellant.

Daniel Karp (Allen, Theiblot & Alexander on brief), for appellee.

Before HARRISON L. WINTER, Chief Judge, WIDENER, Circuit Judge, and JAMES B. MCMILLAN, United States District Judge for the Western District of North Carolina, sitting by designation.


Plaintiff, an inmate in the custody of the Maryland Division of Correction, sued Frank E. Basil, Inc. (Basil), a private medical care provider under contract with the Maryland House of Correction, to provide medical care to inmates, and others, alleging cruel and unusual punishment arising out of the alleged denial of medical care for a hernia. The district court granted summary judgment in favor of Basil on the authority of our in banc decision in West v. Atkins, 815 F.2d 993 (4 Cir. 1987), and certified under Rule 54(b), F.R.Civ.P., that there was no just reason for delay in making that judgment final.

Plaintiff appealed, and after hearing oral argument, we stayed our decision until the Supreme Court decided West v. Atkins, as to which it had granted a petition for certiorari, --- U.S. ----, 56 U.S.L.W. (October 20, 1987).

The Supreme Court has now decided West v. Atkins, --- U.S. ---- (1988), reversing our in banc decision. We therefore vacate the district court's summary judgment for Basil and remand the case for reconsideration in light of what the Supreme Court has said.