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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 …
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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
- Pennsylvania Jail Hit With Over $1.5 Million in Overages for Guards, Healthcare, by Kevin Bliss
- From the Editor, by Paul Wright
- $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 Kevin Bliss, Chuck Sharman, Benjamin Tschirhart
- 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
- FCC Granted Broader Authority to Regulate Prisoner Call Costs, by Chuck Sharman
- Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus, by David Reutter
- 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
- Iowa DOC Changes Policy After Ombudsman Calls Out Unfair Prisoner Discipline, by Kevin Bliss
- States Take Legislative Action to Address Family Separation by Incarceration, by Jordan Arizmendi
- 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 Jordan Arizmendi, Chuck Sharman
- The World’s Biggest Prison, by Edward Lyon
- News in Brief
More from Douglas Ankney:
- New Jersey Supreme Court Orders Plenary Hearing Before Special Adjudicator on Reliability of Fingerprint Evidence, Holding Century of Judicial Acceptance Did Not Satisfy Trial Court’s Gatekeeping Obligation Under N.J.R.E. 702, Aug. 1, 2026
- En Banc Eleventh Circuit Announces All Parents, Including Those Convicted of Child-Sex Offenses, Enjoy Fundamental Right to Live With Their Children, Holding Alabama Residency Prohibition Subject to Strict Scrutiny, Aug. 1, 2026
- Seventh Circuit Announces Courts May Examine Individual Officer’s Subjective Purpose When Assessing Whether Warrantless Administrative Inspection Was Pretextual, Holding Suppression Required Where Trooper’s Sole Motive for Stop Was Criminal Investigati, Aug. 1, 2026
- SCOTUS Holds § 922(g)(3) Prosecution Based Solely on Regular Marijuana Use, Without Individualized Proof of Dangerousness, Violates Second Amendment, Aug. 1, 2026
- Judge Grants Attorney’s Motion to Withdrawal from Corizon Health Case Due to Non-Payment, Aug. 1, 2026
- Abuse is No Excuse: Oklahoma’s Judges Deny Sentencing Relief to Prisoners Who Were Raped and Physically Assaulted, Aug. 1, 2026
- Audit of Louisiana DOC Finds Fault with Prisoner Release Calculation System, Aug. 1, 2026
- California Appeals Court Sustains Amendments to CDCR that Narrow Youth Parole Eligibility Rules, July 1, 2026
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026
- California Court of Appeal Announces Defendants Who Exercise Right to Jury Trial on Aggravating Circumstances Are Entitled to Closing Argument by Counsel on Those Factors, July 1, 2026
More from these topics:
- $4.5 Million Paid by Cook County for Detainee Suicide in Chicago Jail, Aug. 1, 2026. Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides, Administrative Detention/Segregation, Deliberate Indifference.
- New York Ordered to Pay Prisoner $25,000 for Failing to Protect Him from Attack, Aug. 1, 2026. Failure to Protect (General), Defenses, Damages - Compensatory, Negligence/Reckless Endangerment, Deliberate Indifference.
- Oregon Agrees to $2.3 Million Settlement After Guards Toss Mentally Ill Prisoner in Solitary, Taunt Him Until He Kills Himself, Aug. 1, 2026. Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- $10.19 Million Paid for Retired California Prison Guard’s Death in Colorado Jail, Aug. 1, 2026. Failure to Treat, Stun Guns/Tasers, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- Fourth Circuit Affirms Damages Class Certification in Opioid Treatment Denial, Aug. 1, 2026. Wexford Health Services, Drug/Alcohol Withdrawal, Failure to Treat, Class Certification, Deliberate Indifference.
- $3.25 Million Paid by Georgia After Prisoner Bakes to Death in Outdoor Recreation Cage, Aug. 1, 2026. Failure to Treat, Exposure to Heat, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- $100,000 Paid to New York Detainee Whose Infant Died in Syracuse Jail, Aug. 1, 2026. Naphcare, OB/GYN, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Court Records Reveal Alabama DOC Guard Ignored Stabbed Prisoner, Aug. 1, 2026. Guard Misconduct, Medical Misconduct, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.

