Former inmates lose federal appeal over delayed release under Virginia sentence credit law
RICHMOND, VA — The U.S. Court of Appeals for the Fourth Circuit has upheld the dismissal of a lawsuit brought by two Virginia inmates who were held for an extra year after they should have been released under a 2020 sentencing reform law.
The court’s October 15, 2025, decision affirms a lower court ruling that neither Virginia Attorney General Jason Miyares nor Virginia Department of Corrections Director Harold Clarke can be held personally liable for the delay in releasing Hamilton Hall Swart III and Richard Earl DaSilva.
According to court records, the dispute arose after the General Assembly passed H.B. 5148, which expanded eligibility for enhanced sentence credits, allowing some inmates to earn up to 15 days of credit per 30 days served. The law excluded certain serious offen...




