SHORT v. HARTMAN

No. 21-1396, No. 21-1397.

87 F.4th 593 (2023)

Charles Willis SHORT, individually and as Administrator of the Estate of Victoria Christine Short, Plaintiff-Appellant, v. J. D. HARTMAN, Sheriff of Davie County, in his individual and official capacity; Cameron Sloan, Captain, Chief Jailer with the Davie County Sheriff's Department, in his individual and official capacity; Dana Kelly Recktenwald, Lieutenant, Operations Supervisor of the Detention Center with the Davie County Sheriff's Department, in her individual and official capacity; Teresa Morgan, a/k/a Teresa M. Godbey, Sergeant, Jailer-Detention Officer with the Davie County Sheriff's Department, in her individual and official capacity; Crystal Cook Meadows, Sergeant, Detention Officer with the Davie County Sheriff's Department, in her individual and official capacity; Matthew Travis Boger, Jailer-Detention Officer with the Davie County Sheriff's Department, in his individual and official capacity; John or Jane Does 1-5, Jailers-Detention Officers with the Davie County Sheriff's Department, in their individual and official capacities; Western Surety Company; Andrew C. Stokes, Sheriff of Davie County, in his individual and official capacity, Defendants-Appellees. American Civil Liberties Union; American Civil Liberties Union of North Carolina Legal Foundation; American Civil Liberties Union of South Carolina; Rights Behind Bars; Roderick & Solange MacArthur Justice Center, Amici Supporting Appellant. Charles Willis Short, individually and as Administrator of the Estate of Victoria Christine Short, Plaintiff-Appellant, v. J. D. Hartman, Sheriff of Davie County, in his individual and official capacity; Cameron Sloan, Captain, Chief Jailer with the Davie County Sheriff's Department, in his individual and official capacity; Dana Kelly Recktenwald, Lieutenant, Operations Supervisor of the Detention Center with the Davie County Sheriff's Department, in her individual and official capacity; Teresa Morgan, a/k/a Teresa M. Godbey, Sergeant, Jailer-Detention Officer with the Davie County Sheriff's Department, in her individual and official capacity; Crystal Cook Meadows, Sergeant, Detention Officer with the Davie County Sheriff's Department, in her individual and official capacity; Matthew Travis Boger, Jailer-Detention Officer with the Davie County Sheriff's Department, in his individual and official capacity; John or Jane Does 1-5, Jailers-Detention Officers with the Davie County Sheriff's Department, in their individual and official capacities; Western Surety Company; Andrew C. Stokes, Sheriff of Davie County, in his individual and official capacity, Defendants-Appellees. American Civil Liberties Union; American Civil Liberties Union of North Carolina Legal Foundation; American Civil Liberties Union of South Carolina; Rights Behind Bars; Roderick & Solange MacArthur Justice Center, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 8, 2023.


Attorney(s) appearing for the Case

ARGUED: William Ellis Boyle , WARD & SMITH, PA, Raleigh, North Carolina, for Appellant. James R. Morgan, Jr. , WOMBLE BOND DICKINSON (US) LLP, Winston-Salem, North Carolina, for Appellees. ON BRIEF: Rudolf Garcia-Gallont , WOMBLE BOND DICKINSON (US) LLP, Winston-Salem, North Carolina, for Appellees.

Reversed and remanded by published opinion. Judge Gregory wrote the opinion, in which Judge Heytens and Judge Boardman joined.


On the morning of August 24, 2016, Victoria Short1 attempted suicide while in custody at the Davie County Detention Center ("Jail"). She died of her injuries about two weeks later. Her husband, Charles Short, individually and as the administrator of her...

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