JONES v. SOLOMON

No. 21-7239.

90 F.4th 198 (2024)

Jordan Andrew JONES, Plaintiff-Appellant, v. George T. SOLOMON, Director of the North Carolina Department of Public Safety; W. David Guice, Commissioner of the North Carolina Department of Public Safety; Frank L. Perry, Secretary of the North Carolina Department of Public Safety; Randy S. Mull, Disciplinary Hearing Officer for the North Carolina Department of Public Safety; Mike Ball, Superintendent of Avery-Mitchell Correctional Institution; Jason M. Penland, Assistant Superintendent for Programs of Avery-Mitchell Correctional Institution; Gregory P. Taylor, Assistant Superintendent for Custody and Operations of Avery-Mitchell Correctional Institution; Tim Laughrun, Classification Coordinator of Avery-Mitchell Correctional Institution; Renae Reel, Captain designated Officer-in-Charge of Avery-Mitchell Correctional Institution; Bondy Carroll, Correctional Sergeant for the Avery Unit of Avery-Mitchell Correctional Institution; Marty Cooper; Gilbert Lewis; Stephen P. Carpenter; Scotty Lowery; Joseph Buchanan; John Doe, Captain or Lieutenant designated Officer-in-Charge of Avery-Mitchell Correctional Institution, Defendants-Appellees, and FNU Williams, Inmate Grievance Examiner for the North Carolina Department of Public Safety; Elizabeth D. Wallace, Inmate Grievance Examiner for the North Carolina Department of Public Safety; Jasmine Belyeu, Inmate Grievance Examiner for the North Carolina Department of Public Safety; Jonnita Baker, Inmate Grievance Examiner for the North Carolina Department of Public Safety; Jeffrey A. Daniels, Western Region Security Coordinator of the North Carolina Department of Public Safety; Brian Watson, Special Affairs Captain of Avery-Mitchell Correctional Institution; Adrian Z. Crowe, Unit Manager for the Avery Unit of Avery-Mitchell Correctional Institution; Bryan Dale Johnson, Unit Manager for the Watauga Unit of Avery-Mitchell Correctional Institution; FNU Cornett, Unit Manager for Yancey Unit of Avery-Mitchell Correctional Institution; James C. Waldroop, Assistant Unit Manager for the Avery Unit of Avery-Mitchell Correctional Institution; Robin Hudgins, Assistant Unit Manager for Watauga Unit of Avery-Mitchell Correctional Institution; Mark Randall Geouge, Assistant Unit Manager for Yancey Unit of Avery-Mitchell Correctional Institution; Tyler Stockton, Correctional Officer for the Avery Unit of Avery-Mitchell Correctional Institution; FNU Banks, Correctional Officer for the Avery Unit of Avery-Mitchell Correctional Institution; FNU Ball, Correctional Officer for the Avery Unit of Avery-Mitchell Correctional Institution, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: January 3, 2024.


Attorney(s) appearing for the Case

ARGUED: Harry S. Graver , JONES DAY, Washington, D.C., for Appellant. Orlando Luis Rodriguez , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: James M. Burnham , Miranda Cherkas Sherrill , JONES DAY, Washington, D.C., for Appellant. Joshua H. Stein , Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Affirmed in part, reversed in part and remanded by published opinion. Judge Wynn wrote the opinion, in which Chief Judge Diaz concurred. Judge King wrote a separate opinion concurring in the judgment.


Plaintiff Jordan Jones appeals from the district court's decision granting summary judgment to the various defendants in this prisoner § 1983 case, in which Jones challenged the conditions of his confinement and an allegedly retaliatory transfer to another prison. We conclude that Defendants are entitled to qualified immunity...

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