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Fourth Circuit Affirms Dismissal of North Carolina Prisoner’s ADA Claim for Failure to Show Deliberate Indifference
by Douglas Ankney
In an instructive case for prisoners making claims under the Americans with Disabilities Act (ADA), 42 U.S.C. ch.126 § 12101, et seq., the U.S. Court of Appeals for the Fourth Circuit held on October 5, 2022, that a North Carolina prisoner failed to create a genuine issue ...
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More from this issue:
- Despite #MeToo, Celebrity Justice Remains Massively Unjust, by Matthew Clarke
- Georgia Prison Smuggling Ring Busted, Warden and Former Guard Arrested, by Chuck Sharman
- From the Editor, by Paul Wright
- Pennsylvania Jail Hit With Over $1.5 Million in Overages for Guards, Healthcare, by Kevin Bliss
- $50,000 Settlement to Texas Prisoner for Feces-Covered Cell
- New Jail Healthcare Provider Coming to Albuquerque – Again, by Kevin Bliss
- Third Connecticut Prison Lockdown in Five Months, by Kevin Bliss
- Guantanamo Prison Down to 30 Detainees, by Jordan Arizmendi
- Fifth BOP Staff Conviction and Sixth Arrest in California Prison ‘Rape Club’, by Jo Ellen Nott
- Tennessee DOC Coughs Up Video of Condemned Prisoner Who Severed Own Penis, by Eike Blohm, MD
- California LGBTQ Pardon Initiative Falls Short, by Chuck Sharman
- Florida Returning Canteen Funds for Prisoner Programming, by Harold Hempstead
- Fifth Detainee Dies in 2023 at California’s Santa Rita Jail, by Jo Ellen Nott
- Ohio Makes Sweeping Changes to Criminal Justice
- New York City Stops Reporting Rikers Island Deaths Amid Rampant Guard Misconduct, by Benjamin Tschirhart, Chuck Sharman, Kevin Bliss
- New York Prisoner Is Released After Conviction Is Vacated, Reinstated and Vacated Once More, by Chuck Sharman
- Seventh Circuit: Attorney’s Submission of Illinois Prisoner’s Grievance Exhausts Administrative Remedies, by David Reutter
- $142,500 Settlement After Pennsylvania Jail Guard Allegedly Knocked Out Detainee and Broke Her Jaw, by Matthew Clarke
- L.A. County Watchdog Takes Aim at “Deputy Gangs”, by Douglas Ankney
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Prison Work Injury, by Matthew Clarke
- Newly Released Government Records Reveal Horrible Neglect of Terminally Ill Woman in Federal Prison, by C.J. Ciaramella
- Prisoner Who Reached $11,400 Retaliation Settlement with South Dakota Jail Tries Again with DOC, by Keith Sanders
- Seventh Circuit: Low IQ and Segregation Placement May Render Administrative Remedies Unavailable to Indiana Prisoner, by David Reutter
- More Success for Medication-Assisted Treatment Programs in Prisons and Jails, by Keith Sanders
- Fourth Circuit Affirms Dismissal of North Carolina Prisoner’s ADA Claim for Failure to Show Deliberate Indifference, by Douglas Ankney
- California Appeals Court Affirms Rate Caps and Fee Limitations for Prison Telecoms, by Douglas Ankney
- $120,000 Settlement Reached With Long Island Detainee Assaulted by Jail Guards, by Jacob Barrett
- $500,000 Settlement for Texas Man Wrongly Imprisoned for Child Sex Abuse, by Benjamin Tschirhart
- New York Bail Reform Laws Reduced Recidivism, Contrary to Critics’ Claims, by Chuck Sharman
- $150,000 Verdict for South Carolina Jail Detainee’s Groin Injury During Pat-Down, by Eike Blohm, MD
- Texas Prisons are Fire Traps, by Edward Lyon
- Over $7,600 Awarded to Tennessee Prisoner for Retaliatory Cell Search and Transfer
- Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus, by David Reutter
- FCC Granted Broader Authority to Regulate Prisoner Call Costs, by Chuck Sharman
- California Prisoners Embracing Arts, by Kevin Bliss
- $15,001 Verdict Against Delaware Guard for Gaping Prisoner’s Butt During Strip Search, by Keith Sanders
- Almost 800 Deaths in South Carolina Jails and Prisons Six Years
- Fourth Circuit Revives Virginia Prisoner’s Challenge to Discipline for Allegedly Sexually Harassing Guard, by David Reutter
- Georgia Prisoner Allowed to Proceed on Section 1983 Claim Seeking Execution by Firing Squad, by David Reutter
- States Take Legislative Action to Address Family Separation by Incarceration, by Jordan Arizmendi
- Iowa DOC Changes Policy After Ombudsman Calls Out Unfair Prisoner Discipline, by Kevin Bliss
- Biden Granting More Pardons Than Trump, Fewer Than Obama, by Jordan Arizmendi
- Bad Lawyering, Bankruptcy Torpedo Suit Over Delaware Prisoner’s Death, by Jayson Hawkins
- California Appellate Court: Time Spent in Mental Hospital to Restore Competency is Time Served, by David Reutter
- FCC Requires Prison Telecoms to Provide Services for Deaf Prisoners, by Jordan Arizmendi
- $1.325 Million Settlement after Virginia Detainee’s Opiate Withdrawal Ignored in Jail, by David Reutter
- Nebraska Parole Board Members Showing Up to Work More Often, by Chuck Sharman, Jordan Arizmendi
- The World’s Biggest Prison, by Edward Lyon
- News in Brief
More from Douglas Ankney:
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025
- New York City Loses Bid to Withhold Jail Records, July 15, 2025
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025
- Ohio Supreme Court Says Sheriff Must Get and Disclose Records of Private Contractors, July 15, 2025
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025
- South Carolina Prisoners Granted Class-Action Status in Suit Over Low Wages in Prison Industries Jobs, July 15, 2025
More from these topics:
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025. Staff-Prisoner Assault, Jail Misconduct, Americans with Disabilities Act.
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025. Drug/Alcohol Withdrawal, Americans with Disabilities Act, Drug Treatment/Rehab.
- Nearly $2.6 Million Paid to Former Minnesota Jail Detainee for Injuries from Delayed Withdrawal Treatment, July 15, 2025. Medication, Systemic Medical Neglect, Drug/Alcohol Withdrawal, Failure to Treat, Deliberate Indifference.
- Seventh Circuit Revives Former Illinois Prisoner’s Claim for Delayed Hepatitis-C Treatment, July 15, 2025. Wexford Health Services, Systemic Medical Neglect, Deliberate Indifference.
- $42,000 Paid to Wisconsin Prisoner Allowed to Harm Himself While Under Observation, July 15, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Deliberate Indifference.
- Sixth Circuit Limits Deliberate Indifference Standard in Kentucky Jail Medical Care Challenge, June 1, 2025. Drug/Alcohol Withdrawal, Medical Neglect/Malpractice, Deliberate Indifference.
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
- Kentucky Jail Sued for Detainee’s Death, Prisoner’s Stillborn Child, May 1, 2025. Guard Brutality/Beatings, Medical Neglect/Malpractice, Children of Prisoners, Deliberate Indifference.
- Florida Prisoner Released to Die Settles With Centurion Over Ignored Prostate Cancer, May 1, 2025. Centurion, Cancer, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.
- Wisconsin DOC Agrees to Improve Services for Hearing-Impaired Prisoners, April 1, 2025. Deaf Prisoners, Disabled Prisoners, Service, Americans with Disabilities Act.