Hamilton Swart, III v. Jason Miyares
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed
Two Virginia inmates sued the state Attorney General and the Director of the Department of Corrections under 42 U.S.C. § 1983 for keeping them imprisoned one year past their lawful release date, claiming violations of the Eighth and Fourteenth Amendments. The Fourth Circuit affirmed dismissal, holding that such over-incarceration claims are properly analyzed under the Fourteenth Amendment, that the officials’ interpretation of unsettled state law was not deliberately indifferent or conscience-shocking, and that federal damages liability would unduly intrude on state governance.
Circuit Split Identified
Legal Issue
Which constitutional provision governs a prisoner’s claim for detention beyond the lawful release date: the Eighth Amendment’s Cruel and Unusual Punishment Clause or the Fourteenth Amendment’s Due Process Clause (or both)?
Circuit Positions
Over-incarceration claims arise under the Eighth Amendment’s Cruel and Unusual Punishment Clause
Over-incarceration claims arise under the Fourteenth Amendment’s Due Process Clause
Either the Eighth or the Fourteenth Amendment may be invoked
Conflict Summary
The Seventh Circuit has treated over-incarceration claims as arising under the Eighth Amendment, the Fifth Circuit analyzes them under the Fourteenth Amendment, the Second Circuit permits claims under either amendment, and the Fourth Circuit in this opinion aligns with the Fourteenth-Amendment approach—thus creating a clear split over the proper constitutional vehicle.