Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Porter v. Clarke

United States Court of Appeals, Fourth Circuit

March 24, 2017

THOMAS ALEXANDER PORTER; ANTHONY BERNARD JUNIPER; MARK LAWLOR; RICKY JOVAN GRAY, Plaintiffs - Appellants,
v.
HAROLD W. CLARKE; DAVID ZOOK, Defendants-Appellees. and IVAN TELEGUZ, Plaintiff, THOMAS ALEXANDER PORTER; ANTHONY BERNARD JUNIPER; MARK LAWLOR; RICKY JOVAN GRAY,

          Argued: January 25, 2017

         Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:14-cv-01588-LMB-IDD)

         ARGUED:

          Kathryn Marshall Ali, HOGAN LOVELLS U.S. LLP, Washington, D.C.; Victor M. Glasberg, VICTOR M. GLASBERG & ASSOCIATES, Alexandria, Virginia, for Appellants.

          Margaret Hoehl O'Shea, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

         ON BRIEF:

          Elizabeth C. Lockwood, W. David Maxwell, Ryan Stephenson, Washington, D.C., Parker D. Thomson, HOGAN LOVELLS U.S. LLP, Miami, Florida; Steven D. Rosenfield, Jeffrey E. Fogel, Charlottesville, Virginia, for Appellants. Mark R. Herring, Attorney General of Virginia, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

          David W. DeBruin, Carrie F. Apfel, Kelly M. Morrison, Washington, D.C., Jeffrey A. Atteberry, JENNER & BLOCK, LLP, Los Angeles, California, for Amici The American Civil Liberties Union Foundation of Virginia, Inc. and The Rutherford Institute. Hope R. Amezquita, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VIRGINIA, INC., Richmond, Virginia, for Amicus The American Civil Liberties Union Foundation of Virginia, Inc. John W. Whitehead, Doug R. McKusick, THE RUTHERFORD INSTITUTE, Charlottesville, Virginia, for Amicus The Rutherford Institute.

          Before NIEMEYER, TRAXLER, and WYNN, Circuit Judges.

         Reversed and remanded by published opinion. Judge Wynn wrote the opinion, in which Judge Niemeyer and Judge Traxler joined.

          WYNN, CIRCUIT JUDGE.

         Plaintiffs Thomas Porter, Anthony Juniper, and Mark Lawlor[1] (collectively, "Plaintiffs")-three inmates on Virginia's death row-alleged that their conditions of confinement amounted to cruel and unusual punishment in violation of the Eighth Amendment. After Plaintiffs filed their complaint, Defendants Harold Clarke, Director of the Virginia Department of Corrections ("Director Clarke"), and Darren Zook, Warden of Sussex I State Prison ("Warden Zook, " and collectively with Director Clarke, "Defendants"), substantially changed the policies governing the conditions of confinement for inmates on Virginia's death row, addressing virtually all of the issues raised in Plaintiffs' complaint. The district court concluded that Defendants' changes to the challenged policies mooted Plaintiffs' action.

         But as Plaintiffs contend, Defendants' voluntary cessation of the challenged practice has not yet mooted this action because Defendants failed to meet the Supreme Court's requirement of showing that "it is absolutely clear the allegedly wrongful behavior could not reasonably be expected to recur." Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 190 (2000). Indeed, Defendants repeatedly have refused to rule out a return to the challenged ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.