GILLIAM v. ALLEN

No. 21-2313.

62 F.4th 829 (2023)

J. Duane GILLIAM, Guardian of the Estate of Leon Brown; Raymond Curtis Tarlton, Guardian Ad Litem for Henry Lee McCollum; Kimberly Ann Pinchbeck, as limited guardian and conservator of the estate of Henry Lee McCollum, Plaintiffs-Appellees, v. Leroy ALLEN; Charlotte Noel Fox, Administrator of the Estate of Kenneth Snead, Defendants-Appellants, and Robeson County; Town of Red Springs; Kenneth Sealey, both individually and in his official capacity as the Sheriff of Robeson County; Larry Floyd; Paul Canady, Administrator C.T.A of the Estate of Luther Haggins; Robert E. Price, Administrator C.T.A of the Estate of Joel Garth Locklear, Sr., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 8, 2023.


Attorney(s) appearing for the Case

ARGUED: Scott Douglas MacLatchie , Charlotte, North Carolina, Adam F. Peoples , HALL BOOTH SMITH, PC, Asheville, North Carolina, for Appellants. Catherine Emily Stetson , HOGAN LOVELLS US LLP, Washington, D.C., for Appellees. ON BRIEF: Austin A. Atkinson , Pearson K. Cunningham , HALL BOOTH SMITH, PC, Atlanta, Georgia, for Appellants. E. Desmond Hogan , W. David Maxwell , Elizabeth C. Lockwood , Matthew J. Higgins , Patrick C. Valencia , HOGAN LOVELLS US LLP, Washington, D.C., for Appellees.

Affirmed in part, reversed in part, vacated in part, and remanded for further proceedings by published opinion. Judge Niemeyer wrote the opinion, in which Judge Thacker and Judge Richardson joined.


In September 1983, Henry McCollum and Leon Brown, two intellectually disabled teenage half-brothers from Red Springs, North Carolina, were, as a jury later found, coerced into signing fabricated confessions, leading to their convictions for the rape and murder of an 11-year-old girl. McCollum, the older brother, was sentenced...

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