Case Summaries: Fourth Circuit Court of Appeals (Jan. 2026)

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during January 2026. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Genuine dispute of material fact precluded summary judgment on excessive force claim; appeal from denial of qualified immunity dismissed for lack of jurisdiction Roberts v. Evans, 163 F.4th 105 (Jan. 6, 2026). In this case from the Eastern District of North Carolina, the plaintiff sued a Cumberland County deputy for excessive force and unlawful entry into her home on behalf of her deceased husband. Her husband served in the military and was honorably discharged in 2005, but suffered from significant mental health issues, including acute paranoia. She previously had her husband involuntarily committed on two different occasions. The husband kept “machetes, knives, and daggers” throughout their home so that a weapon would always be within reaching distance. The wife was concerned about her husband’s well-being and contacted a mental health counselor to conduct an evaluation. Knowing that her husband kept multiple weapons, the counselor brought two deputies with her to visit the couple’s home. The husband spoke briefly with the counselor and deputies but ultimately insisted that they leave. The counselor told the wife that her husband could not receive mental health treatment under the circumstances unless he was involuntarily committed again. The wife agreed to submit an affidavit in support of an involuntarily commitment order, which stated that she was fearful [...]