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Fourth Circuit Clarifies Rights of Pretrial Detainees; $35,000 Settlement on Remand
Loaded on July 28, 2017
by Christopher Zoukis
published in Prison Legal News
August, 2017, page 50
Filed under:
Guard Brutality/Beatings,
Control Units/SHU/Solitary Confinement.
Location:
North Carolina.
by Christopher Zoukis
The Fourth Circuit Court of Appeals released an important decision concerning the rights of pretrial detainees on November 7, 2016.
The case involved allegations of unconstitutional conduct by authorities at the New Hanover County Detention Facility in North Carolina. The plaintiff, Michael Anthony Dilworth, claimed that he ...
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More from this issue:
- Banks Profit from Loans to Private Prison Industry, by Derek Gilna
- Florida: Trio of Con Artists Sentenced in Rule 35 Sentence Reduction Scam
- Study Finds Extreme Lack of Gender, Racial/Ethnic Diversity in State Courts, by Derek Gilna
- Seventh Circuit Reinstates Indiana Prisoner’s Lawsuit, Holds Prison Officials Prevented Him from Pursuing Grievances, by Lonnie Burton
- Denial of FOIA Request for Complaints Against Immigration Judges Reversed, by Christopher Zoukis
- Fourth Circuit Rules Lawsuit over Inadequate Prison Food Not Barred by Res Judicata, by Lonnie Burton
- Ethics Rule Requiring Post-conviction Disclosure of Exculpatory Evidence Adopted in North Carolina
- Use of Electronic Monitoring Skyrockets, by Christopher Zoukis
- Nebraska Supreme Court Holds Reporter Can’t See Executed Prisoner’s Drawings, by Christopher Zoukis
- Seventh Circuit: Two-month Delay in Ordering Biopsy Not Deliberate Indifference, by Christopher Zoukis
- Tennessee Sheriff Settles Lawsuit over Religious Proselytization
- Unlikely Criminal Justice Reform: How New York City Reduced Arrests and Slashed Prisoner Populations, by Lonnie Burton
- United Kingdom: 80% of Prisoners Aspire to be Entrepreneurs, Opportunity Fund Helps
- Man Smuggles Poison into Jail, Commits Suicide Following Arrest for Failure to Pay Ambulance Bill
- Fourth Circuit Clarifies Rights of Pretrial Detainees; $35,000 Settlement on Remand, by Christopher Zoukis
- Consensual Use of Another Prisoner’s Telephone PIN is Not Oregon ID Theft
- Seventh Circuit: Medical Deliberate Indifference Case Remanded, Loses at Trial, by Christopher Zoukis
- Dismissal of Personal Injury Claim for Damages from Malfunctioning Jail Gate Upheld
- Private Prison Firms Spend Billions of Taxpayer Dollars Acquiring Other Companies, by Christopher Zoukis
- Ohio Prisoners Build Computers from Spare Parts, Conceal them in Ceiling
- Illinois: Prison Guards Sued for Fatally Beating, Suffocating Prisoner, by Lonnie Burton
- Fourth Circuit Reverses Judgment in Favor of BOP in Deliberate Indifference Case, by Christopher Zoukis
- Tennessee Sheriff Pleads Guilty to Sexual Misconduct, Excessive Force Charges
- Alaska Prisoner Deaths Criticized in Report, Author Becomes New DOC Commissioner
- Report: “Culture of Racism,” Frequent Use of Force at Northern California Prison, by Lonnie Burton
- New York: Police Department Ordered to Produce Police Manual in Parolee Shooting Case, by Christopher Zoukis
- California Court Vacates Prison Infraction Charging Prisoner for Refusing Meals, by Lonnie Burton
- Disability Rights Group Slams Mental Health Program at New York State Prison, by Derek Gilna
- Nevada DOC Moves to End Discrimination against HIV-positive and Disabled Prisoners, by Matthew Clarke
- California Lifers with Possibility of Parole Entitled to SOL Tolling
- Policing for Profit: Law Enforcement Agencies Abuse Civil Asset Forfeiture, by Matthew Clarke
- South Carolina Appellate Court Upholds Prisoner’s Wage Suit, by Derek Gilna
- Widespread Abuses at Santa Clara County Jail; Three Guards Convicted of Murder, by Lonnie Burton
- Illinois Prisoner Fatally Shot after Standoff; Hostages File Lawsuit
- $6,500 Settlement after Ninth Circuit Reverses Summary Judgment in Retaliatory Ad-seg Case, by Lonnie Burton
- Incarceration Numbers Falling, Especially for Blacks, by Christopher Zoukis
- Ninth Circuit Reverses Revocation of Supervised Release Over Blog Post, by Christopher Zoukis
- Ninth Circuit: Warden Who Failed to Protect Female Prisoners from Sexual Assault Not Immune from Suit, by Christopher Zoukis
- Seventh Circuit Reverses Infraction for Failure to Allow Prisoner to Present Evidence, by Lonnie Burton
- California Appellate Court Reinstates Prisoner’s Mandamus Action Against CDCR, by Derek Gilna
- First Circuit Allows City to Include Prisoners in Census Counts, by Derek Gilna
- Eighth Circuit Rejects Qualified Immunity on Inadequate Nutrition Claim
- PLN Obtains $50,000 Settlement in Tennessee Jail Censorship Suit
- Texas Prisoner was Emaciated and Sick when Killed by Cellmate
- Supreme Court Lets Prosecutors Off the Hook for Withholding Evidence, by Derek Gilna
- Arkansas Prisoner’s Illegal Sentence Remanded Despite Filing Wrong Challenge
- Suicide at Texas Jail Results in Firings, Lawsuit, Investigation and Legislation, by Matthew Clarke
- Tenth Circuit Remands Two-year Sentence for Federal Probation Violation, by Christopher Zoukis
- Washington State Mental Health Agency Held in Contempt; $14 Million in Fines Levied, by Derek Gilna
- One of Tennessee’s Most Pristine Rivers Contaminated with Prison Sewage, by Panagioti Tsolkas
- Forced to Endure Extreme Heat, Prisoners are Casualties of Texas’ Climate Denial, Documents Show, by Candice Bernd
- Ohio Closes Prison Farms, Auctions Equipment, Plans to Sell Farmland, by Matthew Clarke
- From the Editor, by Paul Wright
- Breaking News: U.S. Attorney General Reinstates Federal Asset Forfeiture Sharing, with Conditions, by Derek Gilna
- News in Brief
More from Christopher Zoukis:
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, July 1, 2021
- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
More from these topics:
- 46 New York Prisoners Accuse Guards of Beatings—Even Waterboarding, Aug. 15, 2024. Guard Misconduct, Guard Brutality/Beatings.
- Prisoner Admissions Soar at Massachusetts Psychiatric Lockup Plagued by Overcrowding and Violence, Aug. 15, 2024. Overcrowding, Guard Brutality/Beatings, Failure to Treat (Mental Illness).
- “Too brutal, too disgusting”: Prison Guards Flee as Working Conditions Worsen, Aug. 15, 2024. Failure to Protect (General), Overcrowding, Guard Brutality/Beatings, Guards/Staff, Assaults on Staff.
- BOP is Holding 12,000 Prisoners in Solitary Confinement, Aug. 15, 2024. Control Units/SHU/Solitary Confinement, Bureau of Prisons (BOP).
- Georgia Guard Fired, Charged With Setting Up Assault that Left Prisoner Dead, Aug. 15, 2024. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Missouri Warden, Four Guards Out After Prisoner’s Fatal Beating, Aug. 15, 2024. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Alaska Supreme Court Revives Prisoner’s Claim for 11-Month Solitary Confinement That DOC Admitted Was Improper, Aug. 15, 2024. Guard Misconduct, DOC/BOP misconduct, Jail Misconduct, Control Units/SHU/Solitary Confinement, Prison Regulations.
- “You Just Broke My Neck”: Ohio Detainee Sues Jail Where Guards Are Accused of Multiple Assaults, July 1, 2024. Guard Brutality/Beatings.
- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, July 1, 2024. Religious Discrimination, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- Four BOP Guards Sentenced for Three Federal Prisoner Assaults at Kentucky Lockup, July 1, 2024. Guard Misconduct, Guard Brutality/Beatings.