DEAN v. JONES

No. 18-7227.

984 F.3d 295 (2021)

Willie James DEAN, Jr., Plaintiff-Appellant, v. Johnnie JONES; Charles C. Hobgood, Defendants-Appellees, and George T. Solomon; Carlton Joyner; S. Waddell, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: January 4, 2021.


Attorney(s) appearing for the Case

ARGUED: Jehanne McCullough , Virginia Oat , UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for Appellant. Mary Carla Babb , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: James S. Ballenger , Molly M. Cain , Third Year Law Student, Read W. Mills , Third Year Law Student, Appellate Litigation Clinic, UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for Appellant. Joshua H. Stein , Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Reversed and remanded by published opinion. Judge Harris wrote the opinion, in which Chief Judge Gregory and Judge Wynn joined.


This appeal arises from two uses of force against a North Carolina prison inmate, Willie James Dean, Jr., by correctional officers. In the first, according to Dean, after he head-butted an officer escorting him to his cell, the officer retaliated by pepper-spraying his face while he was subdued and lying on his back...

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