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GOODMAN v. DIGGS

No. 18-7315.

986 F.3d 493 (2021)

David Graham GOODMAN, Plaintiff-Appellant, v. Z. DIGGS, Sherriffs Deputy; T. Moisett, Sergeant/Sheriffs Deputy; C. Hayes, Deputy Sheriff; C. Respass, Sheriffs Deputy, Defendants-Appellees, and Kenneth W. Stolle, Sheriff/High Constable, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: January 28, 2021.

Attorney(s) appearing for the Case

ARGUED: Priya Datta , GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Jeff W. Rosen , PENDER & COWARD, PC, Virginia Beach, Virginia, for Appellees. ON BRIEF: Erica Hashimoto , Director, Maximilian Crema , Student Counsel, Janae Staicer , Student Counsel, Appellate Litigation Program, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Lisa Ehrich , PENDER & COWARD, PC, Virginia Beach, Virginia, for Appellees.

Vacated and remanded by published opinion. Judge Wynn wrote the opinion, in which Judge King and Judge Richardson joined.

For years, plaintiff David Graham Goodman has pursued an Eighth Amendment excessive force claim against correctional officers who he claims left him lying bleeding and unconscious in a cell in 2012. We previously concluded that the district court erred in dismissing Goodman's complaint for failure to comply with a court order...

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