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Fourth Circuit Orders Sealing of North Carolina Court’s Order to “Protect Defendant from Harm”
by David M. Reutter
On June 17, 2020, the Fourth Circuit Court of Appeals ordered the sealing of a North Carolina federal district court’s order. That order denied a Defendant’s motion for resentencing because that order referred to “Defendant’s substantial assistance,” and there exists a compelling interest under …
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More from this issue:
- Milestone: Thirty Years of Prison Legal News and the Human Rights Defense Center, by Paul Wright
- From the Editor, by Paul Wright
- Fifth Circuit Reinstates Lawsuit Over Texas Jail Prisoner’s Death, by Matthew Clarke
- Denied Medical Care During Pandemic, New Jersey Prisoner Treats Infected Wound With Bleach, by Dale Chappell
- Ninth Circuit: No Summary Judgment for Prison Officials Who Allegedly Allowed Attack on Nevada Prisoner, by David Reutter
- Lives at Stake as Pennsylvania County De-privatizes Prison, by David Reutter
- Coronavirus: A Second Wave of Infection, by Michael D. Cohen, MD
- Former Sheriff Joe Arpaio Loses Another Arizona Republican Primary, by Matthew Clarke
- Eleventh Circuit Vacates COVID-19 Injunction Against Miami Jail, by David Reutter
- Nebraska Declares Overcrowding Emergency in State Prisons, by Kevin Bliss
- Federal Judge Rules Prisoners Eligible for $1,200 Stimulus Checks; Application Deadline Extended to Nov. 21 for Online Filing, by Derek Gilna
- Fourth Circuit: Opening of Detainee’s Legal Mail Outside His Presence Violates Right to Free Speech, by David Reutter
- California Prison Guards Keep Jobs After Aiding Attacks on Sex Offenders, by Jayson Hawkins
- Texas: Prison Air Conditioning Needs Revisiting, by Edward Lyon
- Efforts to Keep COVID-19 Out of Montana Prisons Fuels Outbreaks in County Jails, by Alex Sakariassen
- Denial of Recruitment of Counsel for Wisconsin Prisoner Affirmed by Seventh Circuit, by David Reutter
- DOJ Finds Frequent Use of Excessive Force in Alabama Prisons, by David Reutter
- Third Circuit: District Court Erred in Ruling Against Pennsylvania Prisoner’s Civil Rights Complaint, by David Reutter
- Two-Thirds of Nevada Prisoners Confined in Arizona Private Prison Test Positive for COVID-19, by Mark Wilson
- New Jersey Guard Acquitted in Sex Scandal, by David Reutter
- Washington Prisoner’s State Public Records Act Lawsuit Results in His Freedom and $111,194 Award, by Matthew Clarke
- North Carolina Temporarily Closes Three Prisons for Lack of Guards; Final One Reopens During COVID-19 Pandemic, by Edward Lyon
- Second Circuit Reverses Summary Dismissal of Connecticut Prisoner’s Failure-to-Protect Lawsuit, by Matthew Clarke
- $225,000 Windfall in Lehigh County, Pa. But Officials Don’t Cut Jail Phone Costs, by David Reutter
- Pennsylvania Prisoner Loses Part of Leg, Wins Appeal in Precedential Grievance Process Case, by David Reutter
- Private Prison Industry Ramped Up Campaign Contributions, Favoring Republicans, by Derek Gilna
- Florida Spent $1.7 Million, and Counting, to Impede Felon Voting Rights, by David Reutter
- Investment Firm Buys Corizon, by Matthew Clarke
- $1.25 Million Settlement Against Tennessee County Over Sheriff’s Violations of Labor Law, by Douglas Ankney
- Violence at New York City’s Rikers Island Jail Increasing Even as Population Falls, by Edward Lyon
- Ankle Monitor Shortage at Chicago Jail Put Prisoner Releases During COVID in Limbo, by David Reutter
- Failed Michigan Jail Site to Host Innovation Center, by David Reutter
- Second Circuit: Denial of Exercise Over Four Months Defeats Summary Judgment, by David Reutter
- Report: Screening Failures Cited in COVID-19 Outbreak in California Prisons, by Kevin Bliss
- Rikers Island Death Case Against City of New York Settles for $5.5 Million, by Derek Gilna
- ICE Detainees Pepper-Sprayed Over Hunger Strike, by Daniel A. Rosen
- Families of 4 Alabama Prisoners Who Committed Suicide File Federal Lawsuit Against Prison Officials, by Matthew Clarke
- Eleventh Circuit: Florida’s Treatment Plan for Hepatitis C-Positive Prisoners Constitutional, by David Reutter
- Connecticut: Summary Judgment Denied in Deliberate Indifference Case Where Facial Lesion Turned Out To Be Skin Cancer, by Chad Marks
- Sixth Circuit Reverses and Allows Ohio Prisoner’s Civil Rights Lawsuit to Proceed, by David Reutter
- Fourth Circuit Orders Sealing of North Carolina Court’s Order to “Protect Defendant from Harm”, by David Reutter
- Mental Health Crisis in California’s Lock-Ups Worsens With COVID-19, by Edward Lyon
- Temporary Halt of Federal Prison Labor at National Parks, but New Policy Proposed To Resume It, by Jayson Hawkins
- Native Americans Protest Theft of Alcatraz Island, by Edward Lyon
- $70,000 Settlement in Private Firm’s Failure to Treat Arizona Prisoner’s Broken Wrist, by David Reutter
- Guard Violates Eighth Amendment by Brandishing Knife and Threatening Prisoner’s Life, by David Reutter
- Seventh Circuit Dismisses Summary Judgment for Defendants in Illinois Prisoner’s Lawsuit Over Beating, Choking, by David Reutter
- HRDC Files Civil Rights Lawsuit Against Colorado Sheriff for Censorship of Prisoner Publications, by Derek Gilna
- Captain Accused of Abusing Mentally Ill Prisoners Cleared in Internal Investigation, by Kevin Bliss
- New York City BOP Prisoner Dies After Being Pepper-Sprayed, by Kevin Bliss
- Former Pennsylvania Prison All Solitary with Silence Mandatory, by Edward Lyon
- Alabama Executes Non-Shooter in Police Killings, by David Reutter
- Former Angola Warden Burl Cain Appointed Head of Mississippi Prison System, by Matthew Clarke
- Massachusetts Jail Phone Cost Reductions Under Attack, by Edward Lyon
- News in Brief
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Fourth Circuit to BOP Prisoner: Any “Disqualifying Offense” Means Zero FSA Credits, April 1, 2026. First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Credits, Concurrent and Consecutive Sentences.
- Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026. U.S. Sentencing Guidelines, Qualifying Offenses, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Child Pornography.
- Six Years of the First Step Act: Federal Prison Data Reveal Treatment Gains, Persistent Disparities, and Unanswered Questions, April 1, 2026. Racial Discrimination, Systemic Medical Neglect, First Step Act, Drug Treatment/Rehab, Confinement in Segregated Housing.
- Fourth Circuit Holds Federal Prisoner Does Not Earn First Step Act Time Credits While in Transit Between Prisons, March 1, 2026. Rehabilitation/Recidivism, First Step Act, Bureau of Prisons (BOP), Credits.
- U.S. Sentencing Commission Report Breaks Down Federal Contraband Sentences, March 1, 2026. Guard Misconduct, Mechanical Searches/Scanners, Statistics/Trends, U.S. Sentencing Guidelines, Bribery/Extortion/Theft.
- Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway, March 1, 2026. U.S. Sentencing Guidelines, Federal Legislation, Fifth Amendment, Sixth Amendment, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Eighth Circuit Announces Presidential Commutation Does Not Moot Challenge to Underlying Sentence, Jan. 1, 2026. Pardons/Clemency, First Step Act, Qualifying Offenses, Sentence Enhancements/Departures, Authority and Jurisdiction.
- BOP Announces New Conditional Placement Date Calculation, Jan. 1, 2026. First Step Act, halfway houses, Community Confinement/Home Detention, Credits, Prison Classification.
- Third Circuit Rules Awarding BOP Prisoners 54 Days of Good Time Per Year Is Pro-Rated, Jan. 1, 2026. Good Time, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Credits.
- First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt, Dec. 15, 2025. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Miscalculation of the Guidelines Sentencing Range.

