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WALL v. RASNICK

No. 21-6553.

42 F.4th 214 (2022)

Gary WALL, Plaintiff-Appellant, v. E. RASNICK, Correctional Officer of R.O.S.P.; J. Hicks, Correctional Officer of R.O.S.P.; E. Hess, Correctional Officer of R.O.S.P.; C. Holbrook, Correctional Officer of R.O.S.P.; T. Large, Sergeant of R.O.S.P.; J. Lyall, Lieutenant of R.O.S.P.; C. Dockery, Correctional Officer of R.O.S.P.; E. Gwinn, Correctional Officer of R.O.S.P.; A. Mullins, Correctional Officer of R.O.S.P.; J. Testerman, Correctional Officer of R.O.S.P.; M. Addington, Correctional Officer of R.O.S.P.; L. Bryant, Correctional Officer of R.O.S.P.; C. Bishop, Correctional Officer of R.O.S.P.; B. Akers, Correctional Officer of R.O.S.P.; S. Taylor, Correctional Officer of R.O.S.P.; L. Collins, Lieutenant of R.O.S.P.; D. Still, Captain of R.O.S.P.; J. Deel, Nurse of R.O.S.P.; E. Barksdale, Warden of R.O.S.P.; B. Hughes, Lieutenant of W.R.S.P.; K. McCoy, Lieutenant of W.R.S.P.; W. Church, Lieutenant of W.R.S.P.; O. ROSE, Counselor of W.R.S.P.; C. Franks, Inmate Hearings Officer of W.R.S.P.; W. Hensley, Inmate Hearings Officer of W.R.S.P.; L. Fleming, Warden of W.R.S.P.; H. Ponton, Western Regional Administrator; H. Clarke, Director of Vadoc, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2022.

Attorney(s) appearing for the Case

ARGUED: Joshua David Marcin, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Margaret Hoehl O'Shea, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. ON BRIEF: Erica Hashimoto, Director, Dylan McDevitt, Student Counsel, Sana Mesiya, Student Counsel, Appellate Litigation Program, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Jason S. Miyares, Attorney General, Charles H. Slemp, III, Chief Deputy Attorney General, M. Nicole Wittmann, Deputy Attorney General, Andrew N. Ferguson, Solicitor General, Kevin M. Gallagher, Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

Vacated and remanded with instructions by published opinion. Judge Wynn wrote the opinion, in which Judge King and Senior Judge Floyd concurred.

In this appeal, prisoner Gary Wall raises constitutional and state-law claims against numerous prison officials arising from a physical altercation at Red Onion State Prison in Virginia. As part of his evidentiary showing, Wall repeatedly sought production of videos recording the encounter. When he learned that some of the videos...

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