Three-way split on panel for DOC employee vs. employee case

In Givens v. O'Quinn, the Court reversed in part and affirmed in part the judgment by Chief Judge Jones. The panel included Judges Luttig, Wilkins, and Gregory, and each wrote separately:

"Affirmed in part and reversed in part by unpublished per curiam opinion. Judge Luttig wrote a separate opinion concurring in the judgment. Chief Judge Wilkins wrote a separate opinion concurring in the judgment in part and dissenting in part. Judge Gregory wrote a separate opinion concurring in the judgment in part and dissenting in part."

The disagreement is over the question of whether there was action under color of state law, as would support a section 1983 claim, when two DOC employees beat up the plaintiff DOC employee.