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Claims Regarding Conditions in State Prison Were Sufficient to Survive Summary Judgment
Loaded on April 15, 1992
published in Prison Legal News
April, 1992, page 2
On December 30th the U.S. Court of Appeals for the Fourth Circuit provided some illumination as to what sort of allegations by an inmate regarding allegedly unconstitutional prison conditions are adequate to withstand a motion by prison officials for summary judgment. In so doing, the court decided that a North …
Filed under:
Overcrowding,
Eighth Amendment,
Shelter,
Civil Procedure,
Summary Judgment.
Location:
North Carolina.
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More from this issue:
- Cross Gender Pat Search Policy Upheld
- Qualified Immunity Granted in Digital Rectal Searches
- Claims Regarding Conditions in State Prison Were Sufficient to Survive Summary Judgment
- Prisoners' Participation in Work, Training Reduces Recidism, Improves Behavior
- The Death of HB 2834
- Corrections Costs to Soar, Study Warns, by Ed Penhale
- Complaint Should Not Be Dismissed for not Complying with Local Rule
- Mass Graves Found in Venezuelan Prison
- Son of Sam Law Struck Down
- PLN Reader Sends ACLU Finger
- In Memory-Farewell Brother Riegle, by John Perotti
- Lifers Litigation Update, by John Midgley
- Guard Liable for Hitting Prisoner
- Court Reporters Entitled to Absolute Immunity
- Prisoner Entitled to Discover Identity of Attackers
- Law Would Let Prison Mothers Keep Kids
- Counsel Appointed in Denial of Telephone, Beating Claim
- CBCC Publisher Only Rule Upheld on Qualified Immunity Grounds
- Editorial, by Paul Wright
- Informant Testimony Must be Independently Weighed
- Feds Seek $2.2 Billion for Federal Prisons
- Counsel Should Be Appointed in Religious Suit
- U.S. Murder Rate Increases Again
- NY Prisoner Has Due Process Right to Remain In Population
- Information on Visiting Needed
- Some Thoughts on Crime and Punishment Rates, by Ed Mead
- Test for Appointed Counsel on 1983 Suits
- PLN Benefit Tape
More from these topics:
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- GAO Report on ICE Jail in Fort Bliss Finds Independent Failures, Sept. 1, 2026. Contractor Misconduct, Overcrowding, Security Systems, Americans with Disabilities Act, Immigration Detention.
- North Carolina’s “Iryna’s Law” Leads to Jail Overcrowding, Sept. 1, 2026. Overcrowding, State Legislation, Pretrial Detention and Detainees, Bail/Pretrial Release.
- Florida DOC Rebuked for Seizing Prisoner’s Excessive Force Settlement to Cover Incarceration Liens, Sept. 1, 2026. Summary Judgment, Settlements, Seizure of Prisoner Funds, Trust Accounts, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Detainees Overpower Guards to Take Control of a North Carolina Jail, Aug. 1, 2026. Prison Rebellion, Overcrowding, Staffing, Security Systems, Assaults on Staff.
- Colorado Governor Signs Bill to Expand Earned Time Credits and Other Measures, Aug. 1, 2026. Overcrowding, Overdetention, State Legislation, Credits, Reduction of Prison Population.
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026. Guard Misconduct, Pepper Spray/Tear Gas, Summary Judgment, Employee Litigation, Vagueness/Overbreadth.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.

