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RIDDICK v. BARBER

No. 21-1575.

109 F.4th 639 (2024)

Rashad Matthew RIDDICK, Plaintiff-Appellant, v. Jack BARBER, Former Interim Commissioner of Virginia Department of Behavioral Health and Developmental Services; Rebecca A. Vauter, CSH Director, Defendants-Appellees, and Hughes Melton, Commissioner of Virginia Department of Behavioral Health and Developmental Services, Defendant. United States of America, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 26, 2024.

Attorney(s) appearing for the Case

ARGUED: Joshua Britt, DUKE UNIVERSITY SCHOOL OF LAW, Durham, North Carolina, for Appellant. Maurice Scott Fisher, Jr., HARMAN CLAYTOR CORRIGAN WELLMAN, Glen Allen, Virginia, for Appellees. Jonathan Backer, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus Curiae. ON BRIEF: Richard B. Katskee, Moksh Gudala, Jake Sherman, DUKE UNIVERSITY SCHOOL OF LAW, Durham, North Carolina, for Appellant. Brian P. Ettari, HARMAN CLAYTOR CORRIGAN WELLMAN, Richmond, Virginia, for Appellees. Kristen Clarke, Assistant Attorney General, Tovah R. Calderon, Appellate Section, Civil Rights Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Jessica D. Aber, United States Attorney, Richmond, Virginia, Steven Gordon, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Amicus Curiae.

Reversed and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Gregory and Judge Faber joined.

Rashad Matthew Riddick is involuntarily committed to Central State Hospital, a state-run psychiatric facility in Petersburg, Virginia. Alleging that he was immobilized in four-point restraints for two weeks and then placed in seclusion for a year and a half, Riddick filed a civil rights lawsuit against the hospital...

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