Case Summaries: Fourth Circuit Court of Appeals (Jan. 2024)

This post summarizes a published criminal law case released by the Fourth Circuit Court of Appeals during January 2024. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Prison guards were entitled to qualified immunity on conditions of confinement claim for denying inmate access to water and cleaning supplies while investigating the potential ingestion of contraband, but plaintiff’s First Amendment claim of retaliatory transfer in response to his complaints could proceed Jones v. Solomon, 90 F.4th 198 (Jan. 3, 2024). The plaintiff was an inmate at Avery-Mitchell Correctional Institution in the Western District of North Carolina. Guards noticed the plaintiff put something into his mouth and believed he may have been swallowing contraband. He was placed into a restrictive unit in a so-called “dry” cell—one without running water, including for the sink and toilet. Prison staff told the plaintiff that he would be held in the cell until he made three bowel movements. All three were supervised by prison staff. Procedure for this type of investigation requires that the inmate use a portable toilet lined with a biohazard bag, which is then inspected by guards. For the first two bowel movements, the procedure was followed, but the plaintiff was not provided any soap or hand sanitizer at any point, including before his subsequent meals. For the third bowel movement, typical procedure was not followed—the plaintiff remained handcuffed while he defecated, no toilet paper was provided, no biohazard bag was provided, and [...]