Rish v. Johnson

Reversed by published opinion. Judge WILKINS wrote the majority opinion, in which Judge HERLONG joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

WILKINS, Circuit Judge:

Anthony Rish, Larry Dolph, and David Roberts (collectively, “the inmates”) are incarcerated at the Federal Correctional Institution at Butner, North Carolina (F.C.I.But-ner). They brought this action pur- suant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), alleging inter alia that prison officials 1Molated their constitutional rights under the…