SMITH v. COLLINS

No. 18-7313.

964 F.3d 266 (2020)

Elbert SMITH, Plaintiff-Appellant, v. Dennis COLLINS; Anthony Gilbert; Richard Light; Leslie Fleming; Marcus Elam, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 10, 2020.


Attorney(s) appearing for the Case

ARGUED: Noah McCullough , GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Martine Elizabeth Cicconi , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia for Appellees. ON BRIEF: Erica Hashimoto , Director, Nicolas Sansone , Supervising Attorney, Ariel Dukes , Student Counsel, Appellate Litigation Program, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Mark R. Herring , Attorney General, Victoria N. Pearson , Deputy Attorney General, Margaret Hoehl O'Shea , Assistant Attorney General, Laura Haeberle Cahill , Assistant Attorney General, Toby J. Heytens , Solicitor General, Michelle S. Kallen , Deputy Solicitor General, Jessica Merry Samuels , Assistant Solicitor General, Zachary R. Glubiak , John Marshall Fellow , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

Vacated and remanded by published opinion. Judge Floyd wrote the opinion in which Chief Judge Gregory and Judge Thacker joined.


Plaintiff-Appellant Elbert Smith spent over four years in solitary confinement at Wallens Ridge State Prison, a supermax correctional facility within the Virginia Department of Corrections (VDOC). In 2017, while Smith was housed in administrative segregation, he filed this pro se lawsuit against various correctional officials...

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