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DESPER v. CLARKE

No. 19-7346.

1 F.4th 236 (2021)

James Paul DESPER, Plaintiff-Appellant, v. Harold CLARKE, Director of the Department of Corrections; A. David Robinson, Chief of Operations; Jane/John Doe, for each member of the Sex Offender Visitation Committee and the Sex Offender Program Director; Jane/John Doe, Corrections Operations Administrator; Maria Stransky; Marie Vargo, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 15, 2021.

Attorney(s) appearing for the Case

ARGUED: Minahil Khan , GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Michelle Shane Kallen , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, for Richmond, Virginia, for Appellees. ON BRIEF: Erica Hashimoto , Director, Joshua Marcin , Supervising Attorney, Nicolas Sansone , Supervising Attorney, John McGowan , Student Counsel, Appellate Litigation Program, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Mark R. Herring , Attorney General, K. Scott Miles , Deputy Attorney General, Margaret O'Shea , Assistant Attorney General, Toby J. Heytens , Solicitor General, Martine E. Cicconi , Deputy Solicitor General, Jessica Merry Samuels , Assistant Solicitor General, Kendall T. Burchard , John Marshall Fellow , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Floyd and Judge Rushing joined.

James Desper, a sex offender incarcerated at Augusta Correctional Center in Craigsville, Virginia, was twice denied in-person visitation privileges with his minor daughter, to whom we assign the fictional name "Emma." At the times when those privileges were denied, Emma was 10 and 11 years old, respectively. In his complaint...

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