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Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina
Loaded on Nov. 15, 2023
by David Reutter
published in Prison Legal News
November, 2023, page 60
Filed under:
Gender Discrimination -- Men,
Medical,
Fifth Amendment,
Search and Seizure,
Civil Rights Actions or Offenses/Bivens Actions.
Location:
North Carolina.
by David M. Reutter
On May 3, 2023, the U.S. Court of Appeals for the Fourth Circuit affirmed dismissal of a federal prisoner’s civil rights suit, finding his Fifth Amendment claim did not fit within the precise confines authorized by Bivens v. Six Unknown Named Agents of Federal …
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More from this issue:
- Prison Walls No Barrier to America’s Deadly Opioid Crisis, by Douglas Ankney
- From the Editor, by Paul Wright
- North Carolina Prisoner Recovers $500 for Injuries in Shower Slip and Fall
- DOJ Reaches Consent Decree with New Jersey Jail to Improve Mental Health Care, by David Reutter
- Suit Against Delaware DOC Advances With 39 Prisoner Plaintiffs and 40 Defendants, by David Reutter
- Defining ‘Carceral Deference’, by David Reutter
- Ohio Supreme Court Awards Prisoner $700 From Sheriff Who Failed to Comply with Public Records Request, by Douglas Ankney
- U.S. Probation System a “Quagmire” That Sets Defendants Up to Fail
- $12,000 Paid to California Prisoner Denied Back Surgery Despite Doctor’s Recommendation
- The Gun of Incarceration, by Cristian Farias
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Guard Accused of Provoking One Prisoner to Attack Another, by Douglas Ankney
- Arizona Governor Creates Independent Prison Oversight Commission, by Douglas Ankney
- When Prison Workers Are Exploited for Cheap Sheets
- Almost $2.4 Million in Settlements For Seven Suicides at New Jersey Jail, by David Reutter
- California Bail Bondsman Accused of Faking Captures to Bilk Courts
- Report: “Mass Supervision” Driving Mass Incarceration
- High Profile Escapes from Two Pennsylvania Jails Blamed on Staffing and Infrastructure Problems
- HRDC Wins Motion to Compel North Carolina Prison Officials to Answer for Censorship Policy
- New York Succeeds in Firing Fewer Than 10% of Guards Accused of Prisoner Abuse
- Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Claim
- St. Louis City Jails Director Under Fire, County Jail Director Leaves After Nearly $2.7 Million in Legal Payouts, by Benjamin Tschirhart
- Condemned Arizona Prisoner Reprieved, by Benjamin Tschirhart
- Fourth Circuit: Dismissal of South Carolina Prisoner’s Complaint Cannot Prematurely Be Called a “Strike” Under PLRA, by Douglas Ankney
- After Spate of Deaths, Vermont Contracts Prisoner Healthcare to Wellpath – Again
- Ohio Prisoner’s Suit Claims Exposure to Toxic Chemicals Released in Train Derailment
- Minnesota Makes All Calls Free in Prisons and Jails
- Connecticut Lawmakers Punt on Limiting Prison Strip Searches, by David Reutter
- DNA Matches Dead Australian to Nebraska Prisoner Who Escaped 56 Years Ago
- Two-Week Texas Prison Lockdown Ends With Puny Contraband Haul
- South Carolina DOC Investigates Jail After 30 Detainee Injuries, Two Escapes and Five Guard Arrests
- Deadline Looms for Payouts Under California’s Forced or Involuntary Sterilization Compensation Program
- While Federal Prisoners Died of COVID-19 in Massachusetts, BOP Staff Used Up Vaccine Allotment on Themselves
- Tennessee Private Prison Gets State’s First LGBTQ+ Group
- Ninth Circuit Revives Former Nevada Prisoner’s Claim for Deprivation of Sentence Credit
- Number Held in Solitary Confinement in U.S. Prisons and Jails Tops 122,000
- Nine Memphis Jailers Indicted in Death of Psychotic Detainee
- Alabama Prison Conditions Continue to Worsen as DOJ Trial Looms
- Washington Kills the Death Penalty – Again
- Seven Deaths in Seven Months at Dayton Jail
- South Carolina Supreme Court Denies Prisoner’s Challenge to DOC Policy Restricting Visitors to People He Knew Before Incarceration, by Douglas Ankney
- Alabama Sheriff Loses Appeal to Theft and Ethics Conviction
- No Hearing Required for Emergency Dose of Antipsychotic Medication for Mississippi Prisoner, by David Reutter
- Women Behind Bars, by the Numbers
- CDCR Facing Daily Fines in 33-Year-Old Suit Over Deficient Mental Health Care
- SCOTUS Lets Ohio Detainee’s Suit Die Over Incarceration for Parodied Police Facebook Page
- Eleventh Circuit Says Florida Prisoner Who Dismissed Complaint Cannot Be Assessed a “Strike” Under PLRA, by Matthew Clarke
- $1.05 Million Settlement for Oklahoma Prisoner’s Death from Untreated Appendix Rupture, by David Reutter
- $24 Million for Motorist Detained and Killed by California Highway Patrol
- Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina, by David Reutter
- Imprisoned Putin Critic Claims He’s Subjected to “Re-Education”
- News in Brief
More from David Reutter:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- 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
More from these topics:
- Ninth Circuit Refuses to Stay Injunction in Detainees’ Challenge to Conditions at California ICE Lockup, Oct. 1, 2026. GEO Group/Wackenhut, Sanitation, Injunctions, Fifth Amendment, Immigration Detention.
- Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, Oct. 1, 2026. Medical, Eighth Amendment, Administrative Exhaustion, Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference.
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026. Court Access, Appeals/Appellate Jurisdiction, Constitutional Challenges/Law, Counsel - Right to, Civil Rights Actions or Offenses/Bivens Actions.
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- $3.25 Million Verdict in New York Against Jail Medical Profiteer Armor Health, July 1, 2026. Private Prisons, Misconduct/Corruption, Medical, Conditions of Confinement, Civil Rights Actions or Offenses/Bivens Actions.
- Louisiana Republicans Eliminate Elected Office Won by Exonerated Ex-Prisoner, July 1, 2026. Discrimination, Constitutional Challenges/Law, Public Trial, Civil Rights Actions or Offenses/Bivens Actions, Fair Trial.
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.

