De'Lonta v. Angelone, 330 F.3d 630 (4th Cir. 2003). · Go Syfert
De'Lonta v. Angelone, 330 F.3d 630 (4th Cir. 2003). Cases Citing This Book View Copy Cite
Quick Summary

To satisfy the objective component of an Eighth Amendment claim, a prisoner must allege a serious physical or emotional injury or a substantial risk of such harm.

An inmate suffering from gender identity disorder alleged that prison officials violated her Eighth Amendment rights by abruptly terminating her hormone therapy and refusing to provide adequate treatment to prevent compulsive genital self-mutilation. The district court dismissed her complaint, finding the dispute was merely a disagreement over medical judgment. However, the court held that a prisoner must only allege a serious physical or emotional injury or a substantial risk of such harm to satisfy the objective component of an Eighth Amendment claim. Because the inmate's allegations suggested that officials may have been deliberately indifferent to her risk of self-mutilation, the court reversed the dismissal.

949 citation events (949 in the last 25 years) across 23 distinct courts.
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Cited for
At page 633 Reviewing complaints for failure to state a claim136 citing cases“scrutiny under the eighth amendment is not limited to those punishments authorized by statute and imposed by a criminal judgment.”124 citing courts quote it
  • Ramadan v. Richmond Redevelopment & Hous. Auth., No. 3:19-cv-00166 (E.D. Va. Jan. 17, 2020).
    “the standards for reviewing a dismissal under 1915(e)(2)(b)(ii) are the same as those for reviewing a dismissal under federal rule of civil procedure 12(b)(6).”
  • Cataffo, No. 2:26-cv-00326 (S.D. W. Va. May 13, 2026).
    Thomas v. Salvation Army S. Territory, 841 F.3d 632, 637 (4th Cir. 2016) (citing De’Lonta v. Angelone, 330 F.3d 630, 633 (4th Cir. 2003)).
  • Mondul, No. 7:25-cv-00349 (W.D. Va. Feb. 6, 2026).
    And because the court is empowered to review pro se pleadings under the same standard of review as a motion to dismiss, see De’Lonta v. Angelone, 330 F.3d 630, 633 (4th Cir. 2003), the court will dismiss Count III as well.
  • Smith v. 4037 Lamplighter Dr LLC, No. 3:24-cv-00580 (E.D. Va. Jan. 24, 2025).
    Va. Sept. 4, 2024) (citing De Lonta v. Angelone, 330 F.3d 630, 633 (4th Cir. 2003)).
  • Julius Hodges v. Peter Meletis, 109 F.4th 252 (4th Cir. 2024).published 2 cites
    De’Lonta, 330 F.3d at 633.
  • Carrington v. Dorsey, No. 1:19-cv-03587 (D. Md. Sept. 8, 2023).
    “Scrutiny under the Eighth Amendment is not limited to those punishments authorized by statute and imposed by a criminal judgment.” DeLonta v. Angelone, 330 F.3d 630, 633 (4th Cir. 2003) (citing Wilson v. Seiter, 501 U.S. 294, 297 (1991)).
  • Jordan v. Davis, No. 1:22-cv-01541, 2023 WL 2478862 (D. Md. Mar. 13, 2023).
    “Scrutiny under the Eighth Amendment is not limited to those punishments authorized by statute and imposed by a criminal judgment.” DeLonta v. Angelone, 330 F.3d 630, 633 (4th Cir. 2003) (citing Wilson v. Seiter, 501 U.S. 294, 297 (1991)).
  • Pevia v. Moyer, No. 1:20-cv-02867 (D. Md. Feb. 24, 2023). 2 cites
    “Scrutiny under the Eighth Amendment is not limited to those punishments authorized by statute and imposed by a criminal judgment.” DeLonta v. Angelone, 330 F.3d 630, 633 (4th Cir. 2003) (citing Wilson v. Seiter, 501 U.S. 294, 297 (1991)).
  • Frazier v. Lin, No. 1:21-cv-01111 (D. Md. Nov. 18, 2022).
    “Scrutiny under the Eighth Amendment is not limited to those punishments authorized by statute and imposed by a criminal judgment.” DeLonta v. Angelone, 330 F.3d 630, 633 (4th Cir. 2003) (citing Wilson v. Seiter, 501 U.S. 294, 297 (1991)).
  • Ervin v. Corizon Health, No. 1:21-cv-02386 (D. Md. Oct. 3, 2022).
    “Scrutiny under the Eighth Amendment is not limited to those punishments authorized by statute and imposed by a criminal judgment.” DeLonta v. Angelone, 330 F.3d 630, 633 (4th Cir. 2003) (citing Wilson v. Seiter, 501 U.S. 294, 297 (1991)).
Show 126 more citing cases
At page 634 Establishing deliberate indifference and serious injury under Eighth Amendment128 citing cases“only extreme deprivations are adequate to satisfy the objective component of an eighth amendment claim regarding conditions of confinement.”51 citing courts quote it
  • Gates, No. 7:25-cv-00492 (W.D. Va. Apr. 2, 2026).
    “deliberate indifference entails something more than mere negligence.”
  • Morris v. Fletcher, 311 F. Supp. 3d 824 (W.D. Va. 2018).published 3 cites
    See De'lonta v. Angelone , 330 F.3d 630 (4th Cir. 2003) (" De'lonta I "); De'lonta v. Johnson , 708 F.3d 520 (4th Cir. 2013) (" De'lonta II ").
  • Tracey Edwards v. Benita Witherspoon, No. 24-7049 (4th Cir. Sept. 10, 2026).published 3 cites
    We can consider the consensus of experts to prove that a prison official’s conduct poses a risk of “serious or significant physical or emotional injury.” Scinto, 841 F.3d at 225 (quoting De’Lonta I, 330 F.3d at 634).
  • Womble, No. 5:26-cv-00059 (W.D.N.C. July 9, 2026).
    To state a claim against a prison official for failure to protect, an inmate must show: (1) “serious or significant physical or emotional injury,” and (2) that prison officials exhibited deliberate indifference to inmate health or safety.”…
  • Davis, No. 7:24-cv-00653 (W.D. Va. Mar. 10, 2026).
    “Only extreme deprivations are adequate to satisfy the objective component.” De’Lonta v. Angelone, 330 F.3d 630, 634 (4th Cir. 2003).
  • Malvo v. White, No. 7:23-cv-00535 (W.D. Va. Sept. 16, 2025).
    Sept. 18, 2014) (explaining “[t]o state a failure to protect claim for damages, the inmate must show a serious physical injury”) (citing De Lonta v. Angelone, 330 F.3d 630, 634 (4th Cir. 2003)).4 Malvo mentions talking to defendant White a…
  • Spurlock v. Wexford Health Sources, Inc., No. 3:23-cv-00476 (S.D. W. Va. July 24, 2025). 2 cites
    The first prong requires that deprivation poses “a serious or significant physical or emotional injury resulting from the challenged conditions,” or “a substantial risk of such serious harm resulting from . . . exposure to the challenged c…
  • Stephens v. W. Reg'l Jail, No. 3:24-cv-00653 (S.D. W. Va. Apr. 3, 2025).
    De'Lonta v. Angelone, 330 F.3d 630 , 634 (4th Cir. 2003). “[T]o demonstrate such an extreme deprivation, [Plaintiff] must allege a serious or significant physical or emotional injury resulting from the challenged conditions or demonstrate…
  • Smalls v. Bailey, No. 1:23-cv-00723 (D. Md. Sept. 12, 2024). 2 cites
    Demonstration of an extreme deprivation proscribed by the Eighth Amendment requires proof of “a serious or significant physical or emotional injury resulting from the challenged. conditions.” Odom v. S.C. Dep’t of Corr., 349 F.3d 765, 770…
  • Wright v. Virginia Dep't of Corr., No. 3:23-cv-00658 (E.D. Va. Sept. 6, 2024).
    (ECF No. 29 44.) Mr. Wright alleges no injury from this fall, much less a “a serious or significant physical or emotional injury.” De ’Lonta, 330 F.3d at 634 (citation omitted).
Show 118 more citing cases
  • Carter v. Williams, No. 7:22-cv-00502 (W.D. Va. Mar. 28, 2024).
    The Fourth Circuit indicated, albeit in an unpublished decision, that Sandin is applicable to property interests when it applied Sandin to conclude that a prisoner “did not have a constitutionally protected liberty or property interest in…
  • Carter v. Collins, No. 7:22-cv-00025, 2024 WL 1260588 (W.D. Va. Mar. 25, 2024).
    Because Carter does not plausibly allege that his exposure to the challenged conditions posed a “substantial risk of serious harm,” De’Lonta, 330 F.3d at 634, or that the defendants responsible for moving the other inmate actually knew of…
  • Delaney v. Franzen, No. 3:23-cv-00468 (E.D. Va. Feb. 23, 2024).
    De’Lonta, 330 F.3d at 634.
  • Bonnett v. Warden, No. 1:23-cv-01700 (D. Md. Jan. 29, 2024).
    Demonstration of an extreme deprivation proscribed by the Eighth Amendment requires proof of “a serious or significant physical or emotional injury resulting from the challenged conditions.” See Odom v. S.C. Dep’t of Corr., 349 F.3d 765, 7…
  • Friday v. McFalls, No. 1:23-cv-00334 (W.D.N.C. Dec. 21, 2023).
    While Plaintiff’s allegations suggest that Defendant may have been negligent in allowing Morton to return to Plaintiff’s unit, they do not support that Defendant knew of and disregarded “an objectively serious … risk of harm.” De’Lonta, 33…
  • Smith v. Armstead, No. 1:22-cv-00523 (D. Md. Sept. 16, 2023).
    Demonstration of an extreme deprivation proscribed by the Eighth Amendment requires proof of “a serious or significant physical or emotional injury resulting from the challenged conditions.” See Odom v. S.C. Dep’t of Corr., 349 F.3d 765 ,…
  • Smith v. Armstead, No. 1:22-cv-00523 (D. Md. Sept. 14, 2023).
    Demonstration of an extreme deprivation proscribed by the Eighth Amendment requires proof of “a serious or significant physical or emotional injury resulting from the challenged conditions.” See Odom v. S.C. Dep’t of Corr., 349 F.3d 765 ,…
  • Allen v. Widener, No. 7:22-cv-00351 (W.D. Va. Sept. 14, 2023).
    De’Lonta, 330 F.3d at 634.
  • Conaway v. Limbo, No. 1:23-cv-02089 (D. Md. Aug. 15, 2023).
    Dep't of Corr., 349 F.3d 765 , 770 (4th Cir. 2003) (quoting De ‘Lonta, 330 F.3d at 770). : Simply put, missing one meal cannot satisfy this standard.
  • Gonzalez Reyna v. Pride, No. 7:22-cv-00309 (W.D. Va. Aug. 7, 2023).
    Deliberate indifference “requires that a prison official actually know of and disregard an objectively serious condition, medical need, or risk of harm.” De’Lonta, 330 F.3d at 634.
  • Pevia v. Moyer, No. 1:20-cv-02867 (D. Md. Feb. 24, 2023). 2 cites
    “Scrutiny under the Eighth Amendment is not limited to those punishments authorized by statute and imposed by a criminal judgment.” DeLonta v. Angelone, 330 F.3d 630, 633 (4th Cir. 2003) (citing Wilson v. Seiter, 501 U.S. 294, 297 (1991)).
  • Riddick v. Franklin, No. 7:20-cv-00081 (W.D. Va. Dec. 9, 2022).
    Second, the plaintiff must show that, subjectively, the defendant “acted with a sufficiently culpable state of mind.” De’Lonta, 330 F.3d at 634.
  • Parks v. Poole, No. 1:20-cv-00898 (M.D.N.C. Sept. 30, 2022).
    This court’s analysis assumes that COVID-19 created prison conditions that created “a substantial risk of . . . serious harm resulting from . . . exposure to the challenged conditions.” De’Lonta, 330 F.3d at 634 (internal quotation marks a…
  • Monzon v. Taylor, No. 7:21-cv-00193 (W.D. Va. Sept. 13, 2022). 2 cites
    As to the first prong, “[o]nly extreme deprivations are adequate to satisfy the objective component of an Eighth Amendment claim regarding conditions of confinement.” De’Lonta, 330 F.3d at 634.
  • Hobbs v. Baltimore Cnty. Exec., No. 1:21-cv-02052 (D. Md. Aug. 18, 2022). 2 cites
    “Scrutiny under the Eighth Amendment is not limited to those punishments authorized by statute and imposed by a criminal judgment.” DeLonta v. Angelone, 330 F.3d 630, 633 (4th Cir. 2003) (citing Wilson v. Seiter, 501 U.S. 294, 297 (1991)).
  • McClain v. Bivens, Warden, No. 1:22-cv-00674 (D. Md. May 18, 2022).
    Dep’t of Corr., 349 F.3d 765, 770 (4th Cir. 2003) (quoting De’Lonta, 330 F.3d at 770).
  • Hodges v. Meletis, No. 3:21-cv-00614 (E.D. Va. Mar. 31, 2022).
    More importantly, Plaintiff fails to allege that he suffered any injury, much less “a serious or significant physical or emotional injury resulting from the challenged conditions.” De ’Lonta, 330 F.3d at 634 (citation omitted).
  • Boley v. Armor Corr. Health Servs., Inc., No. 2:21-cv-00197, 2022 WL 905219 (E.D. Va. Mar. 28, 2022).
    The plaintiff must show that the defendants “actually knew of and disregarded an objectively serious condition, medical need, or risk of harm.” Id. (quoting De’Lonta, 330 F.3d at 634) (alterations omitted).
  • Broggin v. Enochs, No. 7:21-cv-00180 (W.D. Va. Mar. 23, 2022).
    To establish deliberate indifference, a plaintiff must show that a correctional official “actually kn[ew] of and disregard[ed] an objectively serious condition, medical need, or risk of harm.” De’Lonta, 330 F.3d at 634.
  • James Moskos v. James Hardee, 24 F. 4th 289 (4th Cir. 2022).published
    First, he must prove an objective element: a “deprivation of a basic human need” that is “sufficiently serious.” De’lonta, 708 F.3d at 525 (quoting De’Lonta v. Angelona, 330 F.3d 630, 634 (4th Cir. 2003)).
  • Wright v. Riverside Jail Staff, No. 3:20-cv-00726 (E.D. Va. Oct. 7, 2021).
    Assuming without deciding that Wright alleged ‘“‘a serious or significant physical or emotional injury resulting from the challenged conditions,”* De ’Lonta, 330 F.3d at 634 (citation omitted), he nevertheless fails to show that Dr. Cox wa…
  • Taylor v. Prime Care Med., Inc., No. 3:21-cv-00539 (S.D. W. Va. Sept. 27, 2021).
    De'Lonta v. Angelone, 330 F.3d 630 , 634 (4th Cir. 2003). “[T]o demonstrate such an extreme deprivation, [Plaintiff] must allege a serious or significant physical or emotional injury resulting from the challenged conditions or demonstrate…
  • Murray v. Warden, No. 8:20-cv-00024 (D. Md. Aug. 3, 2021).
    Md. Nov. 8, 2017) (“Although Beverati did not consider an Eighth Amendment challenge, if conditions are not so atypical or burdensome as to trigger due process protections, such conditions could not be so inhumane as to violate the Eighth…
  • Kosilek v. Spencer, 889 F. Supp. 2d 190 (D. Mass. 2012).published
  • Ophelia De'Lonta v. Gene Johnson, 708 F.3d 520 (4th Cir. 2013).published
  • Willie Jackson v. Doctor Donald Sampson, 536 F. App'x 356 (4th Cir. 2013).unpublished
  • Johnson v. Pearson, 316 F. Supp. 2d 307 (E.D. Va. 2004).published
  • Paul Scinto, Sr. v. Warden Stansberry, 841 F.3d 219 (4th Cir. 2016).published
  • O'Donnabhain v. Comm'r, 134 T.C. 34 (Tax Ct. 2010).published
  • Adams v. NaphCare, Inc., 246 F. Supp. 3d 1128 (E.D. Va. 2017).published
  • Bryant-EL v. Corcoran, No. 1:18-cv-01519 (D. Md. Sept. 11, 2019).
  • Mobley v. Drybola, No. 1:19-cv-03099 (D. Md. Jan. 12, 2021).
  • Satterfield v. Hicks, No. 3:19-cv-00170 (E.D. Va. Nov. 25, 2019).
  • Chapman v. Smith, No. 3:18-cv-00597 (E.D. Va. Mar. 3, 2021).
  • Lawson v. S.W.V.R.J.A., No. 7:18-cv-00650 (W.D. Va. Feb. 3, 2020).
  • Anselme v. Griffin, No. 3:20-cv-00005 (W.D. Va. Dec. 17, 2020).
  • Baltas v. Cook, No. 7:20-cv-00276 (W.D. Va. Mar. 18, 2021).
  • Fletcher v. Lefevers, No. 7:21-cv-00231, 2021 WL 2953678 (W.D. Va. July 14, 2021).
  • Rackley v. West Virginia Reg'l Jail & Corr. Facility Auth., No. 3:17-cv-04209 (S.D. W. Va. Oct. 25, 2017).
  • Warrix v. W. Reg'l Jail, No. 3:18-cv-00253 (S.D. W. Va. Feb. 8, 2018).
  • Smith v. PrimeCare Med., No. 3:18-cv-01490 (S.D. W. Va. Dec. 6, 2018).
  • Baxley v. Marshall, No. 3:18-cv-01526 (S.D. W. Va. Dec. 20, 2018).
  • Wilson v. Wexford Med. & Admin./staff at fault, No. 3:18-cv-00890 (S.D. W. Va. Aug. 19, 2019).
  • Deitz v. West Virginia Reg'l Jail Auth., No. 3:19-cv-00642 (S.D. W. Va. Sept. 10, 2019).
  • Villalobos v. W. Reg'l Jail Auth., No. 3:18-cv-01430 (S.D. W. Va. Sept. 18, 2019).
  • Bartram v. W. Reg'l Jail Auth., No. 3:18-cv-01434 (S.D. W. Va. Sept. 18, 2019).
  • Snyder v. W. Reg'l Jail Auth., No. 3:18-cv-01433 (S.D. W. Va. Sept. 18, 2019).
  • Norton v. W. Reg'l Jail, No. 3:20-cv-00105 (S.D. W. Va. Feb. 5, 2020).
  • Hagley v. W. Reg'l Jail, No. 3:20-cv-00547 (S.D. W. Va. Aug. 19, 2020).
  • Legg v. Putman Co. Sheriff Off., No. 3:20-cv-00778 (S.D. W. Va. Dec. 1, 2020).
  • Baxley v. Marshall, No. 3:18-cv-01526 (S.D. W. Va. Dec. 21, 2020).
  • Holbrook v. Aldridge, No. 3:21-cv-00170 (S.D. W. Va. Apr. 8, 2021).
  • Womble, No. 5:26-cv-00059 (W.D.N.C. Apr. 2, 2026).
  • Donte D. Shine v. Monica Z. Varney, Et Al., No. 1:26-cv-00280 (W.D.N.C. Sept. 15, 2026).
  • McManus v. Elliott, No. 1:19-cv-01402 (D. Md. Jan. 31, 2020).
  • Fletcher v. Logsdon, No. 8:18-cv-03567 (D. Md. Mar. 30, 2020).
  • Best v. Baltimore Cnty., No. 1:19-cv-02344 (D. Md. Mar. 9, 2021).
  • Skinner v. Liller, No. 8:17-cv-03262 (D. Md. Mar. 4, 2020).
  • Richard Kartman v. Shannon Markle, 582 F. App'x 151 (4th Cir. 2014).unpublished
  • Jesus Jehovah v. Harold Clarke, 798 F.3d 169 (4th Cir. 2015).published
  • Jesus Jehovah v. Harold Clark, No. 13-7529 (4th Cir. July 22, 2015).published
  • Jesus Jehovah v. Harold Clarke, No. 13-7529 (4th Cir. Aug. 11, 2015).published
  • Jamey Wilkins v. Lieutenant Upton, 639 F. App'x 941 (4th Cir. 2016).unpublished
  • McBride v. Warden, No. 1:18-cv-00171 (D. Md. July 12, 2019).
  • Ross v. Warden, No. 1:18-cv-02078 (D. Md. Aug. 9, 2019).
  • Poole v. Bishop, No. 1:17-cv-01594 (D. Md. Sept. 30, 2019).
  • Pevia v. Nines, No. 1:18-cv-03900 (D. Md. Jan. 23, 2020).
  • Corporal v. Butler, No. 8:19-cv-03490 (D. Md. Dec. 7, 2020).
  • Corporal v. Carr, No. 8:20-cv-00534 (D. Md. Feb. 5, 2021).
  • Corporal v. Smith, No. 8:20-cv-01193 (D. Md. Feb. 5, 2021).
  • Carter v. Jessup Corr. Inst., No. 1:21-cv-03095 (D. Md. Dec. 8, 2021).
  • Rivera Alvarez v. MCI-H, No. 1:22-cv-01861 (D. Md. Sept. 12, 2022).
  • Rivera v. JCI, No. 1:22-cv-01517 (D. Md. Oct. 5, 2022).
  • Shiheed v. Arnold, No. 1:23-cv-01658 (D. Md. Aug. 4, 2023).
  • Alston v. Chief of Sec., No. 1:22-cv-03070 (D. Md. Aug. 30, 2023).
  • Floyd v. Adejumo, No. 1:21-cv-02403 (D. Md. Aug. 31, 2023).
  • Price v. Rojes, No. 1:20-cv-02219 (D.S.C. June 25, 2020).
  • Price v. Rojes, No. 1:20-cv-02219 (D.S.C. July 15, 2020).
  • Murray v. Simmons, No. 1:21-cv-01271 (D.S.C. May 3, 2021).
  • Young v. Taylor, No. 1:23-cv-00098 (D.S.C. Jan. 17, 2023).
  • Neal-Williams v. Daramy, No. 1:23-cv-02166 (D. Md. Oct. 16, 2024).
  • Monroe v. Rivet, No. 3:18-cv-00852 (E.D. Va. Oct. 29, 2019).
  • Oden v. Wilson, No. 3:17-cv-00489 (E.D. Va. Nov. 27, 2019).
  • Azeezudin v. Harris, No. 3:19-cv-00258 (E.D. Va. Mar. 23, 2020).
  • Azeezuddin v. Smith, No. 3:18-cv-00886 (E.D. Va. May 11, 2020).
  • Richardson v. Clarke, No. 3:18-cv-00023, 2020 WL 4758361 (E.D. Va. Aug. 17, 2020).
  • Chapman v. Smith, No. 3:18-cv-00597 (E.D. Va. Sept. 21, 2020).
  • Gatlin v. Piscitelli, No. 3:20-cv-00115 (E.D. Va. Feb. 22, 2021).
  • Harris v. Lotte, No. 3:20-cv-00267 (E.D. Va. May 26, 2021).
  • Doherty v. Ashby, No. 3:19-cv-00420 (E.D. Va. May 28, 2021).
  • Metcalf v. GEO Grp., Inc., No. 3:19-cv-00842 (E.D. Va. June 10, 2021).
  • Lowe v. Clarke, No. 3:20-cv-00390 (E.D. Va. Oct. 18, 2021).
  • Day v. Walker, No. 3:21-cv-00406 (E.D. Va. Feb. 7, 2022).
  • Perry v. Clarke, No. 3:21-cv-00447 (E.D. Va. Apr. 7, 2022).
  • Combs v. Giddens, No. 3:20-cv-00563 (E.D. Va. May 31, 2022).
  • Dallas v. Craft, No. 3:21-cv-00349, 2022 WL 2079312 (E.D. Va. June 9, 2022).
  • Dallas v. Craft, No. 3:21-cv-00349 (E.D. Va. Sept. 21, 2022).
  • Gray v. Call, No. 3:20-cv-00937 (E.D. Va. Feb. 16, 2023).
  • Dobson v. Clarke, No. 3:22-cv-00132 (E.D. Va. Aug. 9, 2023).
  • Simpson v. Youngkin, No. 3:23-cv-00032, 2024 WL 943456 (E.D. Va. Mar. 5, 2024).
  • Wilson v. Pamunkey Reg'l Jail Auth., No. 3:23-cv-00089, 2024 WL 4122033 (E.D. Va. Sept. 6, 2024).
  • Arrington v. Collins, No. 7:23-cv-00210 (W.D. Va. Oct. 24, 2023).
  • Booher v. Mata, No. 7:23-cv-00395 (W.D. Va. Oct. 25, 2023).
  • Nickens v. Duffield Reg'l Jail Auth., No. 7:23-cv-00418 (W.D. Va. Nov. 30, 2023).
  • Owen v. Schmidit, No. 7:22-cv-00675, 2024 WL 4173805 (W.D. Va. Sept. 12, 2024).
  • Badie v. Barton, No. 7:23-cv-00124 (W.D. Va. Mar. 28, 2025).
  • Young v. Dyer, No. 7:23-cv-00206 (W.D. Va. Mar. 31, 2025).
  • Alford v. Oyebade, No. 3:23-cv-00798 (E.D. Va. Apr. 23, 2025).
  • Skinner v. Pinardi, LCPC, No. 1:24-cv-02204 (D. Md. Sept. 4, 2025).
  • Lyles v. McMaster, No. 4:22-cv-03572 (D.S.C. Sept. 24, 2025).
  • Gilford Lee v. D. Stanton, Larry T. Edmonds, Adrian Tucker, No. 3:24-cv-00395 (E.D. Va. Oct. 21, 2025).
  • Collins, No. 3:25-cv-00019 (E.D. Va. Oct. 27, 2025).
  • Herrick, No. 3:23-cv-00335 (E.D. Va. Mar. 19, 2026).
  • Badie, No. 7:23-cv-00124 (W.D. Va. Mar. 30, 2026).
  • Robinson, No. 3:25-cv-00619 (E.D. Va. May 4, 2026).
  • Monchery, No. 3:24-cv-00676 (E.D. Va. Aug. 20, 2026).
  • Turner, No. 7:25-cv-00377 (W.D. Va. Sept. 9, 2026).
  • Allen, No. 1:25-cv-00793 (D. Md. Sept. 28, 2026).
At page 635 Assessing adequacy of inmate medical treatment under eighth amendment14 citing casesfinding that the fact that the plaintiff received some treatment did not mean she received treatment for a particular ailment or that the treatment was reasonable3 citing courts put it this way
  • John Doe 4 v. Shenandoah Valley Juv., No. 19-1910 (4th Cir. Jan. 14, 2021).published 3 cites
    De’lonta v. Angelone, 330 F.3d 630 , 631 (4th Cir. 2003) (“De’lonta I”).
  • John Doe 4 v. Shenandoah Valley Juv., 985 F.3d 327 (4th Cir. 2021).published 3 cites
    De’lonta v. Angelone, 330 F.3d 630 , 631 (4th Cir. 2003) (“De’lonta I”).
  • Morris v. Fletcher, 311 F. Supp. 3d 824 (W.D. Va. 2018).published 3 cites
    See De'lonta v. Angelone , 330 F.3d 630 (4th Cir. 2003) (" De'lonta I "); De'lonta v. Johnson , 708 F.3d 520 (4th Cir. 2013) (" De'lonta II ").
  • Jacob Pfaller v. Mark Amonette, 55 F.4th 436 (4th Cir. 2022).published
    See Jehovah, 798 F.3d at 181-82 (establishing that providing “some treatment” but ignoring or failing to treat other serious symptoms can violate the Eighth Amendment); De’lonta, 330 F.3d at 635.
  • Jacob Pfaller v. Laurence Wang, No. 21-1612 (4th Cir. Dec. 15, 2022).published
    See Jehovah, 798 F.3d at 181-82 (establishing that providing “some treatment” but ignoring or failing to treat other serious symptoms can violate the Eighth Amendment); De’lonta, 330 F.3d at 635.
  • Kosilek v. Spencer, 889 F. Supp. 2d 190 (D. Mass. 2012).published
  • Ophelia De'Lonta v. Gene Johnson, 708 F.3d 520 (4th Cir. 2013).published
  • Moore v. Bennett, 777 F. Supp. 2d 969 (E.D.N.C. 2011).published
  • Scott Gibson v. Bryan Collier, 920 F.3d 212 (5th Cir. 2019).published
  • Soneeya v. Spencer, 851 F. Supp. 2d 228 (D. Mass. 2012).published
Show 4 more citing cases
At page 770 Considering complaint allegations and dismissal standards13 citing cases
  • Smalls v. Bailey, No. 1:23-cv-00723 (D. Md. Sept. 12, 2024). 2 cites
    Demonstration of an extreme deprivation proscribed by the Eighth Amendment requires proof of “a serious or significant physical or emotional injury resulting from the challenged. conditions.” Odom v. S.C. Dep’t of Corr., 349 F.3d 765, 770…
  • Bonnett v. Warden, No. 1:23-cv-01700 (D. Md. Jan. 29, 2024).
    Demonstration of an extreme deprivation proscribed by the Eighth Amendment requires proof of “a serious or significant physical or emotional injury resulting from the challenged conditions.” See Odom v. S.C. Dep’t of Corr., 349 F.3d 765, 7…
  • Smith v. Armstead, No. 1:22-cv-00523 (D. Md. Sept. 16, 2023).
    Demonstration of an extreme deprivation proscribed by the Eighth Amendment requires proof of “a serious or significant physical or emotional injury resulting from the challenged conditions.” See Odom v. S.C. Dep’t of Corr., 349 F.3d 765 ,…
  • Smith v. Armstead, No. 1:22-cv-00523 (D. Md. Sept. 14, 2023).
    Demonstration of an extreme deprivation proscribed by the Eighth Amendment requires proof of “a serious or significant physical or emotional injury resulting from the challenged conditions.” See Odom v. S.C. Dep’t of Corr., 349 F.3d 765 ,…
  • Conaway v. Limbo, No. 1:23-cv-02089 (D. Md. Aug. 15, 2023).
    Dep't of Corr., 349 F.3d 765 , 770 (4th Cir. 2003) (quoting De ‘Lonta, 330 F.3d at 770). : Simply put, missing one meal cannot satisfy this standard.
  • McClain v. Bivens, Warden, No. 1:22-cv-00674 (D. Md. May 18, 2022).
    Dep’t of Corr., 349 F.3d 765, 770 (4th Cir. 2003) (quoting De’Lonta, 330 F.3d at 770).
  • McManus v. Elliott, No. 1:19-cv-01402 (D. Md. Jan. 31, 2020).
  • McBride v. Warden, No. 1:18-cv-00171 (D. Md. July 12, 2019).
  • Poole v. Bishop, No. 1:17-cv-01594 (D. Md. Sept. 30, 2019).
  • Pevia v. Nines, No. 1:18-cv-03900 (D. Md. Jan. 23, 2020).
Show 3 more citing cases
At page 632 Standards for pleading and eighth amendment claims4 citing cases“The court concluded that the gravamen of De’lonta’s claim was simply a disagreement with the medical judgment concerning what treatment was appropriate and that such a disagreement did not state a”the opinion's own words at *632
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Ophelia Azriel DE’LONTA, A/K/A M. Stokes, Plaintiff-Appellant,
v.
Ronald J. ANGELONE; M v. Smith; R. Hulbert, Dr.; Colin C.J. Angliker, Dr.; Doctor Wray, Defendants-Appellees, and Donald Swetter, M.D., Defendant
01-8020.
Court of Appeals for the Fourth Circuit.
May 27, 2003.
Published opinion
330 F.3d 630
2003 WL 21213672
2003 U.S. App. LEXIS 10446
ARGUED: Kelly Marie Baldrate, Victor M. Glasberg & Associates, Alexandria, Virginia, for Appellant. Peter Duane Vieth, Wootenhart, P.C., Roanoke, Virginia, for Appellees. ON BRIEF: Victor M. Glas-berg, Victor M. Glasberg & Associates, Alexandria, Virginia; Rebecca K. Glen-berg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellant. George W. Wooten, Wootenhart, P.C., Roanoke, Virginia; William W. Muse, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellees.
Wilkins, Motz, King.
Cited by 16 opinions  |  Published
3 passages pin-cited by 6 cases
Pinpoint authority: bottom 39%
Citer courts: Fourth Circuit (2) · W.D. Virginia (2) · D. South Carolina (1) · E.D. Virginia (1)

Reversed and remanded by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge KING joined.

OPINION

WILKINS, Chief Judge:

Virginia inmate Ophelia Azriel De’lonta (born Michael A. Stokes) appeals a district court order dismissing for failure to state a claim, see 28 U.S.C.A. § 1915(e)(2)(B)(ii) (West Supp.2002), her complaint under 42 U.S.C.A. § 1983 (West Supp.2002) claiming prison officials have denied her adequate medical treatment in violation of the Eighth Amendment. Because we conclude that it does not appear beyond doubt that De’lonta cannot prove facts to support her claim, we reverse and remand for further proceedings.

I. [1]

De’lonta suffers from gender identity disorder (GID) (also known as gender dys-phoria or transsexualism), a disorder characterized by a feeling of being trapped in a body of the wrong gender. She [2] has un[*632] dergone various procedures to make herself appear more feminine, including der-mabrasions and a chemical face peel. She has also received estrogen treatment to slow hair growth, soften her skin, and develop breasts and other female characteristics.

De’lonta has been in the custody of the Virginia Department of Corrections (VDOC) since 1983. Since the beginning of her imprisonment, VDOC doctors have consistently diagnosed her as suffering from GID, and De’lonta received estrogen therapy for the disorder in 1993 while in Greensville Correctional Center. This treatment continued until 1995, when De’lonta was transferred to Mecklenburg Correctional Center and her hormone treatment was terminated pursuant to a then-recently created VDOC policy (“the Policy”). The Policy is outlined in a memo dated September 19, 1995, from VDOC Chief Physician M. Vernon Smith:

It is the policy of the Department of Corrections [ ] that neither medical nor surgical interventions related to gender or sex change will be provided to inmates in the management of [GID] cases.
If an inmate has come into prison and/or is currently receiving hormone treatment, he is to be informed of the departs mentf’s] policy and the medication should be tapered immediately and thence discontinued.
Inmates presenting with [GID] should be referred to the institution[’]s mental health staff for further evaluation.

J.A. 28.

In contravention of the directive that hormone treatment be tapered off, De’lon-ta’s hormone treatment was terminated abruptly, causing De’lonta to suffer nausea, uncontrollable itching, and depression.

The most harmful effect of the cessation of the hormone treatment, however, was that De’lonta developed an uncontrollable urge to mutilate her genitals. Although she had engaged in some self-mutilation previously, it had consisted primarily of cutting her arms and hands. Since termination of the hormone treatment, however, she has stabbed or cut her genitals on more than 20 occasions. She has repeatedly requested resumption of the hormone therapy and treatment by a gender specialist. To date, however, her requests have been denied, and her self-mutilation has continued.

In 1999, De’lonta filed suit against Dr. Smith, other Virginia prison doctors, and VDOC Director Ron Angelone (collectively, “Appellees”), alleging that Appellees have inflicted cruel and unusual punishment on her, in violation of her Eighth Amendment rights, by denying her adequate medical treatment for her GID. She sought an injunction requiring Appellees to arrange for her to be treated by a doctor with expertise in transsexualism and to allow her to resume her hormone therapy until that treatment commenced. She also requested declaratory and monetary relief, including punitive damages.

Angelone responded by filing a summary judgment motion with an attached affidavit. The other Appellees moved to dismiss for failure to state a claim. The district court dismissed De’lonta’s claims against all Appellees pursuant to 28 U.S.C.A. § 1915(e)(2)(B)(ii), concluding that the record demonstrated beyond doubt that she could not plead facts that would state a valid Eighth Amendment claim. Regarding De’lonta’s entitlement to adequate treatment for her GID, the court ruled that the record was clear that De’lonta was receiving some treatment. The court concluded that the gravamen of De’lonta’s claim was simply a disagreement with the medical judgment concerning what treatment was appropriate and that such a disagreement did not state a[*633] claim under the Eighth Amendment. The court also concluded that the failure of the YDOC to follow its tapering policy in 1995 did not rise to the level of an Eighth Amendment violation. The court further ruled that any claim for equitable relief from that conduct had become moot, and any legal claim was time-barred.

In addition, the court denied a motion by De’lonta to amend her complaint, concluding that amendment would be futile. Finally, although the court stated that it was “unable to conceive of any set of facts under which the Eighth Amendment would entitle” De’lonta to relief, the court dismissed her complaint without prejudice “[t]o avoid complicating any future actions with issues of collateral estoppel or claim preclusion.” [3] J.A. 183, 188.

II.

De’lonta has not challenged the district court ruling that the abruptness of the termination of her hormone therapy did not violate the Eighth Amendment. She does argue, however, that the district court erred in dismissing her remaining claims. The standards for reviewing a dismissal under § 1915(e)(2)(B)(ii) are the same as those for reviewing a dismissal under Federal Rule of Civil Procedure 12(b)(6). See DeWalt v. Carter, 224 F.3d 607, 611-12 (7th Cir.2000). Thus, we review a § 1915(e)(2)(B)(ii) dismissal de novo. See id. “A complaint should not be dismissed for failure to state a claim upon which relief may be granted unless after accepting all well-pleaded allegations in the plaintiffs complaint as true and drawing all reasonable factual inferences from those facts in the plaintiffs favor, it appears certain that the plaintiff cannot prove any set of facts in support of his claim entitling him to relief.” Veney v. Wyche, 293 F.3d 726, 730 (4th Cir.2002) (internal quotation marks omitted). Additionally, the allegations in pro se complaints should be liberally construed. [4] See Hughes v. Rowe, 449 U.S. 5, 9-10, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980) (per curiam).

De’lonta’s claim arises under the Eighth Amendment. Scrutiny under the Eighth Amendment is not limited to those punishments authorized by statute and imposed by a criminal judgment. See Wilson v. Seiter, 501 U.S. 294, 297, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991). The Amendment also provides protection with respect to “the treatment a prisoner receives in prison and the conditions under which he is confined.” Helling v. McKinney, 509 U.S. 25, 31, 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993). Those conditions include the adequacy of the medical care that the prison provides. See Estelle v. Gamble, 429 U.S. 97, 103, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976).

The showing necessary to demonstrate that particular conduct by prison officials is sufficiently serious to constitute cruel and unusual punishment “varies according to the nature of the alleged constitutional violation.” Hudson v. McMillian, 503 U.S. 1, 5, 112 S.Ct. 995, 117 L.Ed.2d[*634] 156 (1992). In order to establish that she has been subjected to cruel and unusual punishment, a prisoner must prove (1) that “the deprivation of [a] basic human need was objectively ‘sufficiently serious,’ ” and (2) that “subjectively ‘the officials aet[ed] with a sufficiently culpable state of mind.’ ” Strickler v. Waters, 989 F.2d 1375, 1379 (4th Cir.1993) (second alteration in original) (quoting Wilson, 501 U.S. at 298, 111 S.Ct. 2321). Only extreme deprivations are adequate to satisfy the objective component of an Eighth Amendment claim regarding conditions of confinement. See Hudson, 503 U.S. at 8-9, 112 S.Ct. 995. In order to demonstrate such an extreme deprivation, a prisoner must allege “a serious or significant physical or emotional injury resulting from the challenged conditions,” Strickler, 989 F.2d at 1381, or demonstrate a substantial risk of such serious harm resulting from the prisoner’s exposure to the challenged conditions, see Helling, 509 U.S. at 33-35, 113 S.Ct. 2475. The subjective component of an Eighth Amendment claim challenging the conditions of confinement is satisfied by a showing of deliberate indifference by prison officials. See Farmer v. Brennan, 511 U.S. 825, 834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). “[D]eliberate indifference entails something more than mere negligence ... [but] is satisfied by something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result.” Id. at 835, 114 S.Ct. 1970. It requires that a prison official actually know of and disregard an objectively serious condition, medical need, or risk of harm. See id. at 837, 114 S.Ct. 1970; Shakka v. Smith, 71 F.3d 162, 166 (4th Cir.1995).

Here, De’lonta contends that her complaint, when liberally construed, alleges facts sufficient to establish that the denial of treatment for her compulsion to mutilate herself constitutes deliberate indifference to her medical needs. In particular, she claims she could prove that (1) Appellees know that she suffers from GID; (2) she was receiving treatment until 1995, when it was abruptly terminated for no legitimate reason; (3) the termination of the therapy has resulted in compulsive, repeated self-mutilation of her genitals; and (4) after Appellees terminated the hormone treatment, they have refused to provide any treatment to prevent her from mutilating herself, leaving her at continued risk for serious, self-inflicted injuries. We agree with De’lonta that such allegations adequately state a claim for relief and that the record does not demonstrate beyond doubt that De’lonta could not prove those allegations.

First, De’lonta’s need for protection against continued self-mutilation constitutes a serious medical need to which prison officials may not be deliberately indifferent. See Lee v. Downs, 641 F.2d 1117, 1121 (4th Cir.1981) (explaining that “prison officials have a duty to protect prisoners from self-destruction or self-injury”). And, nothing in the record refutes the allegation that Appellees know that De’lonta’s compulsive self-mutilation began after the discontinuation of her hormone therapy. Nor does the limited record before us demonstrate any justification (although there may be one not yet disclosed) for either the policy requiring termination of De’lonta’s hormone treatment or the alleged denial of any other treatment to prevent her continuing self-inflicted injuries.

In dismissing De’lonta’s suit, the district court incorrectly determined, based on the limited record before it, that the suit was nothing more than a challenge to the medical judgment of VDOC doctors. This conclusion was based largely on a memorandum to Appellee Smith, the VDOC Chief Physician, in which a Dr. Rob Marsh reported that De’lonta had requested a re[*635] ferral to a gender specialist at the Medical College of Virginia (MCV) for the purpose of discussing hormone replacement. The memo states that De’lonta “was advised that [Dr. Marsh] did not feel it was a medical necessity or indication,” but that Dr. Marsh would forward the request to Dr. Smith for further review. J.A. 87. Based on this memo, the district court concluded that the prison medical staff “did not feel that hormone therapy or a special consultation were appropriate,” id. at 185, and therefore that the suit amounted to nothing more than a challenge to this medical judgment. For this reason, the court concluded that De’lonta’s remedy could lie only in a state medical malpractice action and not in an Eighth Amendment claim. See Russell v. Sheffer, 528 F.2d 318, 319 (4th Cir.1975) (per curiam) (holding that “[questions of medical judgment are not subject to judicial review” under § 1983).

We conclude that the district court was in error. Even assuming that Dr. Marsh advised De’lonta as the memo states, nothing in the record suggests that Dr. Marsh’s opinion was a basis for the denial of De’lonta’s requested treatment. In fact, Dr. Smith’s response to the memo, which states that there was no gender specialist at MCV and that VDOC’s policy is not to provide hormone therapy to prisoners, supports the inference that Appellees’ refusal to provide hormone treatment to De’lonta was based solely on the Policy rather than on a medical judgment concerning De’lonta’s specific circumstances. Cf. Supre v. Ricketts, 792 F.2d 958, 963 (10th Cir.1986) (holding that prisoner who had engaged in self-mutilation was not entitled to hormone treatment for gender dysphoria because denial of such treatment was based on “an informed [medical] judgment”).

Moreover, Dr. Marsh’s memo is at most only a comment on the appropriateness of one possible treatment and does not refute De’lonta’s claim that she has not received any treatment to suppress her compulsion to mutilate herself. Cf. id. (“This case ... does not present a situation where there was a total failure to give medical attention.”); id. at 967 (Seymour, J., dissenting) (concluding that deliberate indifference claim “was plainly not unfounded” when “record contained] no proof that prison physicians ever addressed whether [prisoner’s] self-mutilation might have been ... in need of treatment”). But cf. Maggert v. Hanks, 131 F.3d 670, 672 (7th Cir.1997) (holding that prisoner was not constitutionally entitled to curative treatment for gender dysphoria, but not indicating that prisoner was at risk for self-mutilation or other serious bodily harm). At oral argument, Appellees argued that even if Dr. Marsh’s memo does not show that De’lonta received treatment for her GID, De’lonta’s other submissions demonstrate that she has been housed at a facility for inmates who need special attention to mental health issues and that De’lonta has received counseling and anti-depressants. Appellees pointed specifically to a mental health evaluation stating that De’lonta had “been receiving Prozac and ... Doxepin which appear to assist h[er] in h[er] mood symptoms” and that “[De’lonta states] that the Prozac helps h[er] with h[er] urges to cut on h[er]self.” J.A. 90. These submissions, however, only indicate that some treatment De’lonta received may have alleviated her compulsion to mutilate herself; they do not clearly demonstrate that the treatment was provided for that purpose or that it was deemed to be a reasonable method of preventing further mutilation.

For all of these reasons, we conclude that it does not appear beyond doubt at this early stage of the litigation that De’lonta cannot prove facts sufficient to support her claim that she has not re[*636] ceived constitutionally adequate treatment to protect her from her compulsion to mutilate herself. We therefore reverse the district court order dismissing De’lonta’s suit and remand to the district court for further proceedings. In so doing, we make no comment on the merits of any issues not yet addressed by the district court, and we specifically make no comment on the type of treatment, if any, to which De’lonta is entitled.

III.

In sum, we reverse the dismissal of De’lonta’s § 1983 suit and remand to the district court for further proceedings consistent with this opinion. [5]

REVERSED AND REMANDED.

1

. Because the district court dismissed De’lon-ta’s complaint for failure to state a claim, we accept all of the allegations in her complaint as true, construing her pro se complaint liberally. See Estelle v. Gamble, 429 U.S. 97, 99, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976); DeWalt v. Carter, 224 F.3d 607, 611-12 (7th Cir.2000) (stating that same standards apply to dismissals under § 1915 (e)(2)(B)(ii) as apply to dismissals under Fed.R.Civ.P. 12(b)(6)).

2

. We use feminine pronouns to refer to De’lonta, as did the district court.

3

. Although a dismissal without prejudice is not normally appealable, because the grounds provided by the district court for dismissal “clearly indicate that no amendment in the complaint could cure the defects in the plaintiff’s case,” we conclude that the order dismissing De'lonta's complaint is an appealable final order. Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.1993) (alteration & internal quotation marks omitted).

4

. In dismissing this action, the district court considered all documents attached to De'lon-ta's complaint and to her proposed amended complaint. Because the parties agree that such consideration was appropriate, we have also used the materials to the extent that they clarify the allegations in the complaint.

5

. Appellees argue that Angelone should be dismissed from this suit even if De’lonta has stated a valid Eighth Amendment claim against other Appellees. Because the district court has yet to rule on this issue, we decline to do so in this appeal.

De'lonta’s motions to supplement the record are denied.