Dillard v. Smith

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION CLEON ELROY DILLARD, ) ) Plaintiff, ) Civil Action No. 7:20-cv-00151 ) v. ) MEMORANDUM OPINION ) LT. SMITH, ) By: Hon. Thomas T. Cullen ) United States District Judge Defendant. ) In this action under 42 U.S.C. § 1983, Plaintiff Cleon Elroy Dillard claims that, on September 7, 2019, Defendant Rodney Smith used excessive force against him while he was being booked into the Martinsville City Jail. On July 16, 2021, the court denied the parties’ motions for summary judgment. The court concluded that “there…