Argued: September 20, 2016
from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III,
Chief District Judge. (5:13-ct-03291-D)
Brantley Webb, MAYER BROWN LLP, Washington, D.C., for
Christopher Hart, SUMRELL, SUGG, CARMICHAEL, HICKS &
HART, P.A., New Bern, North Carolina, for Appellees.
R. LaFond, MAYER BROWN LLP, Washington, D.C., for Appellant.
WILKINSON, MOTZ, and HARRIS, Circuit Judges.
in part, vacated in part, and remanded by published opinion.
Judge Harris wrote the opinion, in which Judges Wilkinson and
HARRIS, Circuit Judge
2013, Michael Anthony Dilworth was a pretrial detainee at
North Carolina's New Hanover County Detention Facility.
While awaiting trial, Dilworth spent a total of 85 days in
disciplinary segregation as punishment for two disciplinary
infractions, one arising from an altercation with another
prisoner and one from an altercation with correctional
officers. Dilworth was not afforded a hearing in connection
with either of his placements in disciplinary segregation.
sued various Detention Facility officials under 42 U.S.C.
§ 1983, arguing that the imposition of disciplinary
segregation without a hearing violated his procedural due
process rights. The district court granted summary judgment
to the defendants, reasoning that due process requirements
were satisfied by Dilworth's opportunity to file a
written appeal after he was placed in disciplinary
segregation. We disagree, and hold that as a pretrial
detainee, Dilworth was entitled to a hearing before he was
punished. As the defendants concede, no such hearing was
afforded, and we therefore direct that judgment be entered
for Dilworth on his due process claim.
also raised an excessive force claim against the two officers
involved in his second fracas. Again, the district court
granted summary judgment to the defendants, on the ground
that the record showed the officers had acted in good faith
and without a culpable state of mind. As the parties agree, a
subsequent Supreme Court decision has made clear that
excessive force claims by pretrial detainees are governed by
an objective standard, rather than the subjective one applied
by the district court. Accordingly, we remand for
consideration of Dilworth's excessive force claim under
the proper standard.
was held in the New Hanover County Detention Facility as a
pretrial detainee. A pretrial detainee is someone who has
been charged with a crime - in Dilworth's case, failing
to appear in court as ordered - but not yet tried. Though
Dilworth had "not been adjudged guilty of any crime,
" he could be detained pending trial in order to ensure
his presence at that proceeding. See Bell v.
Wolfish, 441 U.S. 520, 536 (1979).
his pretrial detention, at 4:20 p.m. on the afternoon of May
11, 2013, Dilworth was involved in a physical fight with
another inmate. Officer Charles Thomas, the supervising
guard, immediately placed the unit on "lockdown"
while he summoned assistance. Less than an hour later, at
5:05 p.m., Thomas filed an "Inmate Disciplinary
Report" describing the incident and stating that he had
taken the "disciplinary action" of placing Dilworth
in segregation for 45 days. J.A. 58. ...