Michael Hogan v. James Carter

Reversed and remanded with instructions by published opinion. Judge LUTTIG wrote the majority opinion, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, WILKINS, NIEMEYER, HAMILTON, and WILLIAMS joined. Judge MOTZ wrote an opinion concurring in the judgment, in which Judges HALL, MURNAGHAN, ERVIN, and MICHAEL joined.

OPINION

LUTTIG, Circuit Judge:

Appellant Dr. James Carter, a Board Certified Psychiatrist and tenured Professor of Psychiatry at Duke University, was the physician-on-call responsible for emergencies at the Mental Health Facility of the North Carolina Central Prison during…