PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6313

DANIEL W. PHOENIX, a/k/a Daniel W. Jamison,

Plaintiff – Appellant,

v.

MARK AMONETTE, Virginia Department of Corrections Chief Medical Director; PAUL OHAI, Doctor, Dillwyn Correctional Center,

Defendants – Appellees,

and

CHADWICK DOTSON, Director of Virginia Department of Corrections; NATARCHA GREGG, MSA, RD, State wide Dietitian for VADOC; DANA RATLIFFE, Warden, Dillwyn Correctional Center; MR. JONES, Asst. Warden Dillwyn Correctional Center; C. MORGAN, RNCB, Health Authority, Dillwyn Correctional Center; J. D. OATS, Chief of Housing and Programs, Dillwyn Correctional Center; MRS. HOUSE, Nurse, Dillwyn Correctional Center; T. TOWNES, Director of Food Service, Dillwyn Correctional Center; M.E. MORGAN, Asst. Director of food services, Dillwyn Correctional Center; C. POWELL, Food Services Supervisor, Dillwyn Correctional Center; L. MASON, Institutional Ombudsman, Dillwyn Correctional Center; D. CALL, Warden, Nottaway Correctional Center; K. SCHLOBOHM, Asst. Warden, Nottaway Correctional Center; D. LEWIS, Institutional Ombudsman, Nottoway Correctional Center; DR. LEON DIXON, Doctor, Nottaway Correctional Center; DR. YOUNG, Doctor, Nottaway Correctional Center; P. MCCABE, RNCA Health Authority, Nottaway Correctional Center; NURSE FORD, Nurse, Nottaway Correctional Center; MR. ALLEN, Food Service Director, Nottaway Correctional Center,

Defendants. USCA4 Appeal: 22-6313 Doc: 58 Filed: 03/18/2024 Pg: 2 of 19

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Thomas T. Cullen, District Judge. (7:18-cv-00504-TTC-JCH)

Argued: January 25, 2024 Decided: March 18, 2024

Before WILKINSON, GREGORY, and HEYTENS, Circuit Judges.

Vacated and remanded by published opinion. Judge Heytens wrote the opinion, in which Judge Gregory joined and Judge Wilkinson joined as to Parts I, II, and III(A). Judge Wilkinson wrote an opinion concurring in part and dissenting in part.

ARGUED: Libby Andrea Baird, WILLIAMS & CONNOLLY LLP, Washington, D.C., for Appellant. Rosalie Fessier, TIMBERLAKESMITH, Staunton, Virginia, for Appellees. ON BRIEF: Clayton P. Phillips, WILLIAMS & CONNOLLY LLP, Washington, D.C., for Appellant. Laura H. Cahill, Martin J. Minot, Stacie A. Sessoms, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee Mark Amonette. Brittany E. Shipley, TIMBERLAKESMITH, Staunton, Virginia, for Appellee Paul Ohai.

2 USCA4 Appeal: 22-6313 Doc: 58 Filed: 03/18/2024 Pg: 3 of 19

TOBY HEYTENS, Circuit Judge:

An incarcerated person who has celiac disease sued a doctor for depriving him of a

gluten free diet. The district court granted summary judgment to the doctor because the

plaintiff did not have an expert witness who could testify about the standard treatment for

celiac disease or the causal link between the doctor’s conduct and the plaintiff ’s asserted

harm. We hold no expert testimony was needed to avoid summary judgment here. We thus

vacate the district court’s judgment and remand for further proceedings.

I.

Daniel Phoenix is an inmate in the Virginia prison system. In 2018, he sued a slew

of state officials for failing to treat his celiac disease.