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Fourth Circuit Refuses to Reinstate Suit by NC Jail Detainee Alleging Denial of Access to Grievance System and Timely Medical Care Prisoner Didn’t Ask the Court to Extend Kingsley Protections
Loaded on April 1, 2022
by Keith Sanders
published in Prison Legal News
April, 2022, page 10
Filed under:
Failure to Treat,
Conditions of Confinement,
Grievances,
Deliberate Indifference.
Location:
North Carolina.
by Keith Sanders
The U.S. Supreme Court lowered the bar for a pre-trial detainee to sustain a civil rights claim over an alleged use of excessive force in Kingsley v. Hendrickson, 576 U.S. 389 (2015), saying it is necessary to show only that the alleged injury was objectively unreasonable, ...
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More from this issue:
- Deaths and Violence Mount at Overcrowded Alabama Prisons While Parole Rate Hits New Low, by Jo Ellen Nott, Kevin Bliss
- Alabama Plan to Relieve Prison Overcrowding: Tap COVID-19 Funds to Build “Mega-Prisons”, by Jo Ellen Nott
- From the Editor, by Paul Wright
- Fourth Circuit Refuses to Reinstate Suit by NC Jail Detainee Alleging Denial of Access to Grievance System and Timely Medical Care Prisoner Didn’t Ask the Court to Extend Kingsley Protections, by Keith Sanders
- Death by Incarceration: Study Reveals High Death Rates Inside NY’s State Prisons, by Keith Sanders
- John Boston, The PLRA Handbook: Law and Practice Under the Prison Litigation Reform Act, by Michael Mushlin
- Centurion Health Supplants Corizon in Missouri After Court Ruling, by Keith Sanders
- Extreme Sentences for Women in the U.S.: An Overview, by Ashleigh Dye
- Frozen in Place: How Winter Storms Push Texas Jails and Prisons to the Brink, by Tyler Hicks
- Texas Rangers Often Lackadaisical in Prisoner Death Investigations, by Matthew Clarke
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, by Derek Gilna
- ICE Settles Florida Detention Facility COVID-19 Class Action, All Detainees Offered Vaccination, by Mark Wilson
- Massachusetts Appellate Court Reinstates Prisoner’s Lawsuit Over Food Substitution, by Matthew Clarke
- $14.3 Million in Costs, Attorney Fees and Interest Awarded Against GEO Group in Suits for Not Paying Minimum Wage to Immigrant Detainee Workers in Washington, by Matthew Clarke
- Prison Telecom Giant GTL Agrees to $67 Million Settlement in Class-Action Over Inactive Account Seizure Policy, by Anthony Accurso
- After Two Detainee Deaths, CoreCivic Hit With $2,500 Daily Fine for Chronically Short-Staffed Florida Jail
- Eighth Circuit Denies Qualified Immunity to Private Companies Providing Missouri Prisoner’s Health Care, by Matthew Clarke
- $1.65 Million Settlement Reached in Connecticut Prisoner’s Death from Untreated Lupus, by David Reutter
- CFPB Report: ‘Criminal Justice Financial Ecosystem Exploits Families at Every Stage’: Finds ‘Products and Services Rife with Burdensome Fees and Lack of Choice’, by Chuck Sharman
- $325,000 to Detainee Assaulted at East Texas Jail, 90 Days to Former Deputy Who Beat Him While Restrained in Wheelchair, by Jo Ellen Nott
- No Charges So Far Against Former Arizona Corrections Director After Boozy Standoff with Police, by Jo Ellen Nott
- $1.1 Million Colorado Initiative Set to Assist Prisoners With More Employment Opportunities Upon Release, by Keith Sanders
- With $2.95 Million Settlement, San Diego County Jail Racks Up Over $15 Million in Wrongful Death Payments, by Jacob Barrett
- $1.5 Million Awarded for Failure to Protect Rikers Jail Prisoner Who Was Attacked Repeatedly, by Kevin Bliss
- California Supreme Court Reclassifies Clemency Records, No Longer Confidential, by Keith Sanders
- Private Prison Firm Revenues Soar on “Tailwind” of Immigrant Detainees, by Chuck Sharman
- Vermont Hep-C Settlement Agreement Provides Direct-Acting Antivirals to Infected Prisoners, by David Reutter
- $170,000 Damages and Fees As New Jersey Prisons Settle Transgender Lawsuit With New Policy, by Jayson Hawkins
- Ninth Circuit Overturns California Law Banning Private Prisons, by Kevin Bliss
- $170,000 in Attorney’s Fees, Solitary Confinement Reforms Achieved in Settlement of Maine Prisoner’s Lawsuits, by Matthew Clarke
- Medical Paroles Revoked in California and Massachusetts, by Matthew Clarke
- $325,000 Paid by Colorado County to Jail Detainee Brutalized by Guards Equipped with Controversial Training, by Chuck Sharman
- Third Circuit Says Mixed Dismissal of Civil Rights Action Not a Strike Under PLRA, by David Reutter
- Federal Court Sanctions Wexford for Discovery Abuse in Illinois Prisoner’s Suit, by Matthew Clarke
- Tenth Circuit Denies Qualified Immunity to Colorado Prison Officials Who Shut Down Native American Religious Activities, by Jayson Hawkins
- $199,000 Awarded to California Detainee Assaulted by Santa Clara County Jail Guard, by Matthew Clarke
- Advocating for Objective Standards in a Post-Kingsley World, by Megha Ram
- Ninth Circuit: California Jail Prisoners Have No Constitutional Right Per Se to Outdoor Recreation and Direct Sunlight, by Matthew Clarke
- $781 Settlement Paid to Oregon Prisoner Over Censorship of ‘Sexually Explicit’ Text Message
- $100,000 Paid by Pennsylvania DOC to Family of Pro Se Prisoner Litigant Who Committed Suicide, by Kevin Bliss
- Settlement Relieves Death Row Isolation in Louisiana: Four Hours Daily Out of Cell, Five Hours Per Week in New Yard, by Jayson Hawkins
- $1 Million Settlement in Inadequate Nutrition Class-Action Against New York Jail, by David Reutter
- News In Brief
More from Keith Sanders:
- No Summary Judgment for Private Transportation Company in Maryland Detainee’s Suit Alleging “Horrific” 2,000-Mile Journey, Sept. 15, 2023
- California College Offers Housing, Services to Formally Incarcerated Students, Aug. 15, 2023
- New Report Pats BOP on the Back for Addressing Problems With Restrictive Housing, PREA, Aug. 15, 2023
- Ohio Supreme Court Grants State Prisoner Another $1,000 for Denied Records, Aug. 15, 2023
- Prisoner Who Reached $11,400 Retaliation Settlement with South Dakota Jail Tries Again with DOC, July 15, 2023
- More Success for Medication-Assisted Treatment Programs in Prisons and Jails, July 15, 2023
- $15,001 Verdict Against Delaware Guard for Gaping Prisoner’s Butt During Strip Search, July 15, 2023
- Study Shows COVID-19 Drove Prison Death Rates 50% Higher, June 15, 2023
- Wellpath Subsidiary Out of Australian Women’s Prison After Indigenous Prisoner’s Death, June 15, 2023
- Specialized Police Units Hunt People for ICE, June 15, 2023
More from these topics:
- Help Wanted: 31,000 Prison Guard Jobs Open Nationwide, Sept. 1, 2025. Conditions of Confinement, Failure to Protect (General), Staffing, Exercise, Lockdowns, Control Units/SHU/Solitary Confinement, Guards/Staff, Staff Training.
- HRDC Wins $480,000 in Legal Fees from Centurion for Denied New Mexico Records, Aug. 1, 2025. Centurion, Systemic Medical Neglect, Medical Records, Misdiagnosis, Failure to Treat, Malpractice, Medical Neglect/Malpractice, Public Records Act, HRDC Publications, HRDC Litigation.
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- $2.6 Million Paid for Detoxing Washington Jail Detainee Allowed to Leap to His Death, Additional NaphCare Payout Undisclosed, Aug. 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Failure to Protect (Wrongful Death).
- Sixth Circuit Holds Dismissal Not Automatic When Plaintiff Simultaneously Files Same Claims in State Court, Aug. 1, 2025. Retaliation, Court Access, Grievances, Mail.
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.
- $15 Million Settlement Reached in San Diego Jail Detainee’s Untreated Withdrawal Death, Aug. 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Arrest and Booking.
- $325,000 Paid to Former Wisconsin Prisoner Whose Cancer Biopsy Was Delayed by Previously Disciplined Doctor, Aug. 1, 2025. Cancer, Failure to Treat, Malpractice.
- $1.875 Million Partial Settlement for Colorado Detainee’s Death from Untreated Alcohol Withdrawal; Claims Against Wellpath Pending Bankruptcy, Aug. 1, 2025. Systemic Medical Neglect, Drug/Alcohol Withdrawal, Failure to Treat, Medical Neglect/Malpractice.