FIELDS v. FEDERAL BUREAU OF PRISONS

No. 23-6246.

109 F.4th 264 (2024)

Andrew FIELDS, III, Plaintiff-Appellant, v. FEDERAL BUREAU OF PRISONS; Warden Streeval; A. W. Goldey; Captain Baker; Mitchell; Mullins; Neff; Ewing; Gayheart; Sessons; Fields; Sloan; Nurse Scott; J. Robbins; Bolling; Garrett; Scholl; Gilbert; Baker; Barker; Farmer; Dickenson; Lieutenant Laffin; Lieutenant Nicholous; Lieutenant Hamilton; Lieutenant Mullins; Hughes; Laster, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2024.


Attorney(s) appearing for the Case

ARGUED: Daniel Zemel, THE KRUDYS LAW FIRM, PLC, Richmond, Virginia, for Appellant. Krista Consiglio Frith, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. ON BRIEF: John F. Preis, Professor of Law, THE UNIVERSITY OF RICHMOND SCHOOL OF LAW, Richmond, Virginia, for Appellant. Christopher R. Kavanaugh, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Gregory wrote the opinion, in which Judge Thacker joined. Judge Richardson wrote a dissenting opinion.


While incarcerated at U.S. Penitentiary (USP) Lee, Andrew Fields was the target of egregious physical abuse. There is little doubt that Fields would have a viable § 1983 claim against prison officials if he had been incarcerated at a state prison. But Fields was at a federal facility, and claims against federal officials...

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