Ussery v. Buffaloe — Fourth Circuit affirmed dismissal of protest-related civil-rights claims

Case
Monica Faith Ussery v. Honorable Eddie M. Buffaloe, Jr., et al.
Court
U.S. Court of Appeals for the Fourth Circuit
Judge
Allison Jones Rushing (Donald Trump, 2019); Toby J. Heytens (Joe Biden, 2021); Barbara Milano Keenan (Barack Obama, 2010)
Date Decided
August 21, 2026
Docket No.
24-1671
Topics
Civil Rights; Qualified Immunity; Municipal Liability; Protest Arrest
Source
Read the full opinion

Background

Monica Faith Ussery was arrested at an April 2020 protest opposing North Carolina’s COVID-19 emergency orders. She later sued state and local officials and the City of Raleigh, asserting claims under 42 U.S.C. § 1983 and state law.

The district court dismissed Ussery’s second amended complaint on several independent grounds. On appeal, she challenged the conclusions that she had not plausibly alleged a conspiracy or constitutional violations, that the individual defendants were entitled to qualified immunity, and that her claim against the City should be dismissed.

The Court’s Holding

In an unpublished per curiam opinion, the Fourth Circuit affirmed the district court’s judgment. After reviewing the district court’s decision and Ussery’s appellate arguments, the panel concluded that she had not established any reversible error.

The court did not separately analyze the challenged grounds or announce a new rule of law. It also dispensed with oral argument because the record adequately presented the facts and legal contentions and argument would not aid the decisional process.

Key Takeaways

  • The Fourth Circuit left intact the dismissal of Ussery’s § 1983 and state-law claims arising from her arrest at an April 2020 protest.
  • Ussery did not demonstrate reversible error in the rulings concerning pleading sufficiency, qualified immunity, or the claim against the City of Raleigh.
  • The brief unpublished opinion is not binding precedent in the Fourth Circuit.

Why It Matters

The decision ends Ussery’s appellate challenge to the dismissal of her protest-arrest lawsuit and preserves the district court’s judgment for the defendants.

Because the panel affirmed without detailed analysis and designated the opinion unpublished, the ruling offers limited precedential guidance for future civil-rights, qualified-immunity, or municipal-liability cases.

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