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James Shelton Ray, Jr. v. J. H. Hanak, Officer, et al.

IFP petition · United States Court of Appeals for the Fourth Circuit, No. 25-1819 · judgment January 28, 2026


Pending

Questions presented

  1. Whether the Fourth Circuit erred in affirming summary judgment on a § 1983 unlawfularrest claim by holding that an officer's reliance on a complaining spouse's uncorroborated allegation of a push constituted probable cause as a matter of law, when the petitioner contemporaneously reported on a recorded 911 call that the spouse was the aggressor and had started to aggressively charge at him again — and when the officers arrived after the incident, fabricated an "ON VIEW" notation, and entered the curtilage without exigent circumstances or a warrant.

  2. Whether the Fourth Circuit erred in holding that a pro se petitioner's objections to a magistrate judge's report and recommendation were insufficiently specific to preserve de novo review under 28 U.S.C. § 636(b)(1), where the objections explicitly identified the magistrate's failure to address self-defense evidence, the recorded 911 call, the pre­ arrest video, the absence of any complaining witness filing charges, and the officers' alleged fabrication of the "ON VIEW" notation.

  3. Whether the Fourth Circuit erred in affirming the quashing of a pro se petitioner's discovery subpoena seeking officers' personnel records showing prior incidents of excessive force and civil-rights violations, where those records were relevant to establishing municipal liability under Monell v. Department of Social Services, 436 U.S. 658 (1978), and the district court did not consider whether the subpoena could be cured or reissued. -2-

Counsel of record

For petitioner
James Shelton Ray Jr.

For respondent
Jacob Holmes Wellman
Teague, Campbell, Dennis & Gorham, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 02 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jun 26 2026
    Waiver of right of respondent J. H. Hanak, et al. to respond filed.
  3. Jan 29 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 9, 2026)