PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6029

TERRANCE ROBERT HENDERSON,

Plaintiff - Appellant,

v.

J.A. HARMON, Hearings Officer, Nottoway Correctional Center; CARL MANIS, Warden, Wallens State Prison; KAREN STAPLETON,

Defendants - Appellees,

and

W.R. HENSLEY, Hearings Officer, Wallens Ridge State Prison; DAVID ZOOK, Warden, Sussex I State Prison; T. LEABOUGH; LT. HUGHES, Lieutenant, Wallens Ridge State Prison; ERNIE WILLIAMS, Counselor, Wallens Ridge State Prison; REYNOLDS, Unit Manager, Wallens Ridge State Prison,

Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, Senior District Judge. (2:18–cv–00043–RAJ–DEM)

Argued: March 22, 2024 Decided: May 16, 2024

Before GREGORY, WYNN, and HARRIS, Circuit Judges.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge Gregory and Judge Harris joined. USCA4 Appeal: 22-6029 Doc: 52 Filed: 05/16/2024 Pg: 2 of 16

ARGUED: A. Spencer Osborne, Alexis M. Parker, WAKE FOREST UNIVERSITY SCHOOL OF LAW, Winston-Salem, North Carolina, for Appellant. Timothy Edward Davis, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. ON BRIEF: John J. Korzen, Jenna M. White, Student Counsel, Appellate Advocacy Clinic, WAKE FOREST UNIVERSITY SCHOOL OF LAW, Winston-Salem, North Carolina, for Appellant. Jason S. Miyares, Attorney General, Maria N. Wittmann, Deputy Attorney General, Theophani K. Stamos, Deputy Attorney General, Diane M. Abato, Senior Assistant Attorney General, Stacie A. Sessoms, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

2 USCA4 Appeal: 22-6029 Doc: 52 Filed: 05/16/2024 Pg: 3 of 16

WYNN, Circuit Judge:

Plaintiff Terrance Henderson, an inmate within the Virginia Department of

Corrections, filed this action seeking to enjoin prison officials from deducting a sum of

money from his prison trust account as restitution for an assault he committed on a fellow

inmate in 2015 and to compel the return of money already taken. Henderson alleges that

the nearly six-year interim between the guilt-finding phase of his disciplinary hearing and

his reconvened restitution hearing violates principles of due process.

He now appeals from the district court’s order granting summary judgment to

Defendants on his 42 U.S.C. § 1983 claim and dismissing his Virginia state-law claim

without prejudice. We affirm the district court’s disposition of both claims.

I.

On October 27, 2015, the Virginia Department of Corrections (“Department”)

served Henderson with notice that he would be the subject of a disciplinary hearing in

connection with an assault on a fellow inmate that took place about two weeks prior.

Henderson and another inmate, J. Womack, were accused of assaulting a third inmate, J.

Robinson, severely enough that he needed to be airlifted to the hospital. The hearing was

scheduled for November 10, 2015. After service and before the hearing, Henderson

submitted requests for documentary evidence and for witnesses to be available at the

hearing. Defendant J.A. Harmon, a hearing officer, denied those requests on various

grounds, includi