United States Fourth Circuit

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Porter v. Clarke, 16-7044

In a suit brought by three inmates on Virginia's death row alleging that their conditions of confinement amounted to cruel and unusual punishment in violation of the Eighth Amendment, the district court's dismissal as moot of their complaint is reversed where 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.

Appellate Information

  • Decided
  • Published 2017/03/24

Judges

  • WYNN

Court

  • United States Fourth Circuit

Counsel

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