MATHERLY v. ANDREWS

No. 16-6473.

859 F.3d 264 (2017)

Thomas Shane MATHERLY, Plaintiff-Appellant, v. J.F. ANDREWS; Deborah A. Gonzales; Candice Gregory; Charles Samuels; Kenneth R. McKoy; Karen Steinour, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 8, 2017.


Attorney(s) appearing for the Case

ARGUED: Matthew Thomas Houston , Ashley Lee Hogewood, III , K&L GATES LLP, Raleigh, North Carolina, for Appellant. Christina Ann Kelley , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees. ON BRIEF: John H. Culver, III , K&L GATES LLP, Charlotte, North Carolina, for Appellant. John Stuart Bruce , Acting United States Attorney, Matthew L. Fesak , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge Wilkinson and Judge Floyd joined.


Pursuant to the Adam Walsh Child Protection and Safety Act of 2006 (the "Adam Walsh Act"), 18 U.S.C. § 4248, the government certified Thomas Matherly as a sexually dangerous person in November 2006. At the time, Matherly was in the custody of the Federal Bureau of Prisons (the "BOP") at the Federal Correctional Institution...

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