Robin Vander Wall
Jeremy, the complaint you are citing is before the Middle District Court (NC). It is not before the Fourth Circuit at this point. It will end up there, of course, because either losing party will take it there. But right now, it’s still in the very early stages of litigation. The Eighth Amendment argument was not made because it would be summarily dismissed and we don’t want to make the mistake of polluting the case with claims that we know cannot be advanced. There are already a number of “throw away” claims in the complaint. That’s by design.