Thompson, Jr. v. Commonwealth of Virginia, No. 15-7680 (4th Cir. 2017)Annotate this Case
Plaintiff, an inmate of the VDOC, filed suit under 42 U.S.C. 1983, alleging violations of his constitutional rights primarily stemming from a "rough ride" transporting him in a van. The district court granted summary judgment for defendants. In regard to the Eighth Amendment claim, the Fourth Circuit held that plaintiff has shown facts making out a violation of a clearly established right based on failure to ensure safe transport and adherence to VDOC procedures. Therefore, the court reversed the grant of summary judgment and remanded as to Officers Cooper (the driver of the van) and Diming. However, because plaintiff failed to show sufficient facts for supervisory liability, the court affirmed the grant of summary judgment for Lt. Thompson, Jennings, and Dolan. In regard to the First Amendment retaliation claim, the court affirmed the district court's grant of summary judgment in favor of Baskerville, Jennings, Ware, Lewis, Dolan, Lt. Thompson, Seay, Blackwell, and White because plaintiff has failed to show any facts that could support an inference that the above officials were aware of his past litigation and grievances or that they acted with retaliatory intent. The court reversed the district court's grant of summary judgment as to Cooper and Diming because the record supported an inference that they were acting in response to plaintiff being a frequent filer of grievances and litigation. The court reversed the district court's decision to dismiss the state law claims and affirmed in all other respects.
This opinion or order relates to an opinion or order originally issued on May 2, 2016.