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SHAW v. FOREMAN

No. 20-7185.

59 F.4th 121 (2023)

Emmanuel King SHAW, Plaintiff-Appellant, v. T. S. FOREMAN, Unit Manager; M. Murphy, Unit Manager; T. Leabough, Hearings Officer; N. Leach, Counselor; F. L. Adams, Lieutenant, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 3, 2023.

Attorney(s) appearing for the Case

ARGUED: Daniel Steven Severson , KELLOGG HANSEN TODD FIGEL & FREDERICK PLLC, Washington, D.C., for Appellant. Lucas W.E. Croslow , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. ON BRIEF: Jason S. Miyares , Attorney General, Charles H. Slemp, III , Chief Deputy Attorney General, Andrew N. Ferguson , Solicitor General, Erika L. Maley , Principal Deputy Solicitor General, M. Jordan Minot , Assistant Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

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

Plaintiff-Appellant Emmanuel King Shaw was an inmate at Sussex I State Prison (SISP) in 2017. A female correctional officer at SISP charged Shaw with a disciplinary offense, alleging that he directed lewd behavior toward her in the prison showers. Shaw denied the allegation...

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