Monica Faith Ussery v. Honorable Eddie M. Buffaloe, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-1671
MONICA FAITH USSERY,
Plaintiff – Appellant,
v.
HONORABLE EDDIE M. BUFFALOE, JR., in his official capacity as Secretary
of the North Carolina Department of Public Safety; LORRIN FREEMAN, in her
official capacity as Wake County District Attorney; CASSANDRA DECK-
BROWN, in her official capacity as Chief of the City of Raleigh Police Department;
DEDRIC BOND, in his official capacity as City of Raleigh Police Department
Captain; ROGER “CHIP” HAWLEY, in his official capacity as Chief of North
Carolina State Capitol Police; MARTIN BROCK, in his official capacity as Chief
of the North Carolina General Assembly Police Department; DERICK PROCTOR,
in his official capacity as an officer of North Carolina State Capitol Police; TITO
FINK, in his official capacity as an officer of the North Carolina State Capitol
Police; THE CITY OF RALEIGH, JOHN and JANE DOES 1−4, City of Raleigh
Police Department Officers,
Defendants – Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Terrence W. Boyle, District Judge. (5:23-cv-00219-BO-RJ)
Submitted: May 4, 2026 Decided: August 21, 2026
Before RUSHING and HEYTENS, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.

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ON BRIEF: Anthony J. Biller, Danielle Eng Rose, ENVISAGE LAW, Raleigh, North
Carolina, for Appellant. Joshua H. Stein, Attorney General, Matthew Tulchin, Special
Deputy Attorney General, Trey A. Ellis, Solicitor General Fellow, NORTH CAROLINA
DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees Eddie M. Buffaloe,
Jr.; Roger Hawley; Martin Brock; Derick Proctor; and Tito Fink. Joseph Finarelli, Special
Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh,
North Carolina, for Appellee Lorrin Freeman. Karen McDonald, City Attorney, Hunt K.
Choi, Deputy City Attorney, OFFICE OF THE CITY ATTORNEY OF RALEIGH,
Raleigh, North Carolina, for Appellees City of Raleigh, Dedric Bond, and Cassandra Deck-
Brown.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Monica Ussery was arrested at an April 2020 protest against North Carolina’s
COVID-19 emergency orders. Ussery later sued various officials, as well as 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, Ussery
argues that the district court erred by: (1) holding that she failed to plausibly allege a
conspiracy and constitutional violations; (2) holding the individual defendants were
entitled to qualified immunity; and (3) dismissing her claim against the City.
Having carefully reviewed both the district court’s decision and Ussery’s
arguments, we conclude Ussery has failed to establish any reversible error. We thus affirm
the district court’s judgment. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before us and argument would not
aid the decisional process. The judgment is
AFFIRMED.

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