Martin v. Birkhead - Prisoner 42 U.S.C. § 1983 Civil Rights Claim Affirmed
Summary
The Fourth Circuit affirmed the district court's dismissal of Brandon Otha Martin's 42 U.S.C. § 1983 civil rights complaint against Durham County Jail officials. The appellate court found no reversible error in the lower court's adoption of the magistrate judge's recommendation to dismiss for failure to state a claim. Martin's motions to appoint counsel were denied.
What changed
The Fourth Circuit affirmed the district court's dismissal of Martin's 42 U.S.C. § 1983 complaint, which alleged constitutional violations by Durham County Jail personnel including the Sheriff, Jail Chief, Officers, and Lieutenants. The appellate court found no reversible error in the lower court's procedural handling.
For affected parties, this unpublished per curiam decision has no binding precedential value in the Fourth Circuit. Prisoner civil rights plaintiffs should ensure complaints clearly allege factual matter beyond mere conclusions to survive dismissal under the pleading standards applied to Section 1983 claims.
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Archived snapshot
Apr 14, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 25-6621
BRANDON OTHA MARTIN, Plaintiff - Appellant,
CHARLES F. BIRKHEAD, Sheriff sued in individual and official capacity; M. SPENCER, Jail Chief, sued in individual and official capacity; GLASSCOCK, Officer; MS. MAYS, Officer; MS. HOLLOWAY, Lieutenant Durham County Jail sued individual and official capacity; MRS. GREEN, Sergeant Durhan County Jail sued in individual and official capacity, Defendants - Appellees, and
- WOODARD, Officer, Defendant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Loretta C. Biggs, Senior District Judge. (1:24-cv-00165-LCB-JLW) Submitted: March 31, 2026 Decided: April 13, 2026 Before KING, AGEE, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion.
Brandon Otha Martin, Appellant Pro Se. Jason Rosser, Larissa Sha-Vone Williamson, DURHAM COUNTY ATTORNEY'S OFFICE, Durham, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Brandon Otha Martin appeals the district court's order adopting the recommendation of the magistrate judge and dismissing Martin's 42 U.S.C. § 1983 complaint for failure to state a claim. We have reviewed the record and discern no reversible error. Accordingly, we deny Martin's motions to appoint counsel, and we affirm. Martin v. Birkhead, No. 1:24-cv-00165-LCB-JLW (M.D.N.C. July 2, 2025). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
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