# Larry Junior Ward v. Gene M. Johnson, Warden, Sgt. Gardner, Chairman of Adjustment Committee

> Court of Appeals for the Fourth Circuit · October 7, 1982 · 690 F.2d 1098

URL: https://www.frixlaw.com/law-library/cases/9469811

## Case

- **Full name:** Larry Junior WARD, Appellant, v. Gene M. JOHNSON, Warden, Sgt. Gardner, Chairman of Adjustment Committee, Appellees
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** October 7, 1982
- **Citations:** 690 F.2d 1098; 1982 U.S. App. LEXIS 24970
- **Precedential status:** Published
- **Opinion:** Concurrence by Murnaghan
- **Judges:** Winter, Butzner, Russell, Widener, Hall, Phillips, Murnaghan, Sprouse, Ervin, Chapman
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9469811

## How later opinions describe it (automated extraction)

- stating the Court may have reached a different conclusion if “the plaintiff had been denied absolutely any ‘adversary’ hearing, or if he had been denied any notice of the charge against him, or if he had been denied the right to confront and cross-examine his accusers at the d…
- discussing the burden frivolous lawsuits relating to prison disciplinary hearings pose on courts and prison officials

## Opinion text

MURNAGHAN, Circuit Judge,
concurring:
What Judge Russell has written concerning qualified immunity compellingly leads to the conclusion that the judgment of the district court should be affirmed. As for absolute immunity, the point is a complex one not requiring decision and should be *1114 left for the day when maliciousness is truly present and the question therefore truly arises. I write only to record that I abstain from deciding, as premature, the absolute immunity issue.
Judge Phillips authorizes me to state that he joins in this concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9469811. Public record. Not legal advice.
