PORTER v. CLARKE

No. 18-6257.

923 F.3d 348 (2019)

Thomas PORTER; Anthony Bernard Juniper; Mark Lawlor, Plaintiffs-Appellees, and Ricky Gray; Ivan Teleguz, Plaintiffs, v. Harold W. CLARKE; David Zook, Defendants-Appellants. American Civil Liberties Union of Virginia, Incorporated; The Rutherford Institute; Professors and Practitioners of Psychiatry and Psychology, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2019.

Amended: May 6, 2019.


Attorney(s) appearing for the Case

ARGUED: Matthew Robert McGuire , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellants. Catherine Emily Stetson , HOGAN LOVELLS US LLP, Washington, D.C., for Appellees. ON BRIEF: Mark R. Herring , Attorney General, Victoria N. Pearson , Deputy Attorney General, Margaret Hoehl O'Shea , Assistant Attorney General, Toby J. Heytens , Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellants. Kathryn M. Ali , Yuri Fuchs , Elizabeth C. Lockwood , W. David Maxwell , Ryan J. Stephenson , HOGAN LOVELLS US LLP, Washington, D.C.; Victor M. Glasberg , VICTOR M. GLASBERG & ASSOC., Alexandria, Virginia; Steven D. Rosenfield , Jeffrey E. Fogel , Charlottesville, Virginia, for Appellees. David W. DeBruin, Washington, D.C., Jeffrey A. Atteberry , JENNER & BLOCK LLP, Los Angeles, California, for Amici American Civil Liberties Union Foundation of Virginia, Inc. and The Rutherford Institute. Eden Heilman , Claire Guthrie Gastañaga, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VIRGINIA, INC., Richmond, Virginia, for Amicus American Civil Liberties Union Foundation of Virginia, Inc. John W. Whitehead , Doug R. McKusick , THE RUTHERFORD INSTITUTE, Charlottesville, Virginia, for Amicus The Rutherford Institute. Daniel M. Greenfield , Roderick and Solange MacArthur Justice Center, NORTHWESTERN PRITZKER SCHOOL OF LAW, Chicago, Illinois, for Amici Curiae Professors and Practitioners of Psychiatry and Psychology.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge King joined. Judge Niemeyer wrote a dissenting opinion.


Defendants Harold W. Clarke, in his official capacity as director of the Virginia Department of Corrections, and David Zook, in his official capacity as warden of Virginia's Sussex I State Prison (collectively, "State Defendants"), appeal a decision by the U.S. District Court for the Eastern District of Virginia holding that...

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