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FAUCONIER v. CLARKE

No. 18-6489.

966 F.3d 265 (2020)

Douglas FAUCONIER, Plaintiff-Appellant, v. Harold W. CLARKE, Director for the Department of Corrections; Jeffrey N. Dillman, Warden of Powhatan Correctional Center; Luke Isaiah Black, Institutional Programs Manager; Lakenesha Spencer, Programs Assignment Reviewer, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 20, 2020.

Attorney(s) appearing for the Case

John J. Korzen , Hayley F. Degnan , Third-Year Law Student, Olivia G. Doss , Third-Year Law Student, Shameka C. Rolla , Appellate Advocacy Clinic, WAKE FOREST UNIVERSITY SCHOOL OF LAW, Winston-Salem, North Carolina, for Appellant. Mark R. Herring , Attorney General, Victoria N. Pearson , Deputy Attorney General, Margaret O'Shea , Senior Assistant Attorney General, Toby J. Heytens , Solicitor General, Martine E. Cicconi , Deputy Solicitor General, Michelle S. Kallen , Deputy Solicitor General, Zachary R. Glubiak , John Marshall Fellow/Attorney, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge King joined. Judge Wilkinson wrote a dissenting opinion.

For years, Douglas Fauconier, an inmate in the custody of the Virginia Department of Corrections (the "VDOC"), performed various jobs while in prison, despite suffering from myasthenia gravis, a neuromuscular disease that had, from time to time, required his hospitalization. Moreover, Fauconier performed these jobs "competently...

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