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Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing
Loaded on Feb. 15, 2025
by Douglas Ankney
published in Prison Legal News
February, 2025, page 48
Filed under:
Guard Misconduct,
Failure to Protect (General),
Protective Custody,
Official Investigation.
Location:
North Carolina.
by Douglas Ankney
On July 2, 2024, the United States Court of Appeals for the Fourth Circuit vacated the grant of summary judgment to one of several North Carolina Department of Corrections (DOC) officials accused by a prisoner of failing to protect him from violence from other prisoners.
In 2004, ...
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More from this issue:
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, by Sam Rutherford
- From the Editor, by Paul Wright
- BOP Shutters “Rape Club” in California, Director Peters Quits
- Texas Court of Criminal Appeals: Presumption of Innocence Not Violated by Jail Courtroom
- Fifth Circuit Revives Texas Prisoner’s Sleep Deprivation Claim—Again
- San Francisco Supervisor Calls for “Mass Arrests” and Compulsory Addiction Treatment in “Drug Jails”
- Arizona To Resume Executions
- Prisons Don’t Fix Rural Poverty—They Make It Worse
- Washington Spends Only Fraction of Fund to Improve Prisoner Welfare
- Eleventh Circuit Tells BOP Prisoner in Georgia: Bivens Is On “Endangered Species List”
- Biometric Monitoring Comes to Washington Jail
- Rikers Island Continues Long Practice of Denying Education to Young Adults, by Douglas Ankney
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, by David Reutter
- USDC (D. Oregon), Case No. 6:22-cv-00451, by Matthew Clarke
- U.S. Navy Exonerates Wrongly Convicted Black WWII Sailors
- Florida to Trans Prisoners: We’re Coming for Your Bras
- 20 South Carolina Prisoners Sentenced So Far for Deadly 2018 Riot
- Florida Prisoners Sue Over Deadly Heat
- Long Wait List for Texas’ Only College-Level Re-Entry Class for Prisoners
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, by Anthony Accurso
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, by Matthew Clarke
- State Forces Minneapolis Jail to Ship Out Detainees
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, by Douglas Ankney
- Michigan Allows More Releases for Medically Frail Prisoners
- Medicare Now Available to Those on Probation and Parole
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, by Douglas Ankney
- BOP Eases Money Grab from Federal Prisoners
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, by Matthew Clarke
- Tennessee DOC Found in Violation of ADA With Failure to Accommodate Hearing Impaired Prisoners
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, by Sam Rutherford
- HRDC Files Suit on Behalf of Florida Man Wrongfully Convicted and Incarcerated for 31 Years
- Federal Prison Oversight Act Becomes Law
- Despite Prevalence, Most ADHD Behind Bars Goes Undiagnosed and Untreated
- $9.9 Million Paid to Washington Prisoner Whose Misdiagnosed Cancer Is Now Terminal
- Indiana Resumes Executions
- Cuyahoga County Judges Vowed to Reform the Bail System. Here’s What Happened., by Rachel Dissell, Ilica Mahajan
- Philadelphia Held in Contempt of Jail Conditions Settlement, Ordered to Pay $25 Million
- Louisiana Prisoner Charged With Running Sports Gambling Operation
- Sixth Circuit: Leaman Doctrine Did Not Bar Ohio Prisoner’s Pro Se Federal Civil Rights Suit Over Interference with Legal Mail
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, by Douglas Ankney
- DOJ Directs BOP, U.S. Marshals to Improve Suicide Prevention
- Minnesota Supreme Court Says Randy Guard Must Face Prisoner’s Sexual Harassment and Assault Claims
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, by Douglas Ankney
- Arkansas Moving Some State Prisoners from County Jails… to a Former County Jail
- Oregon Pays $50,000 to Settle Retaliation Suit by PLN Contributor, Who Wins Release
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, by Matthew Clarke
- $150,000 Settlement But No Charges After Schizophrenic Florida Detainee Killed by Jail Guards
- California Prisoner Allegedly Ran Alaska Drug Ring from His Cell
- Oregon Holds BLM Protestor in Solitary Confinement for 250 Days
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, by Matthew Clarke
- Harvey Weinstein Files Notice of Claim Over Rikers Island Detention
- Prison Profiteers Ready to Help Trump Make Good on Deportation Threats
- Ohio Guard Killed by Prisoner in Christmas Day Attack
- Oregon DOC Investigation Puts Top Medical Officials on Leave
- Two Mississippi Prisoners Escape in One Month
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner
- California Governor Pardons Former Prisoner Podcaster of “Ear Hustle”
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, by Matthew Clarke
- New York Governor Orders Firing of 13 Guards, Nurse in Prisoner’s Fatal Beating
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff
- Nearly 800 California Prisoners Battle Huge Los Angeles Wildfires—for About $1 an Hour
- Thousands Freed from Syrian Prison
- Tennessee Finalizes New One-Drug Execution Protocol
- News in Brief
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- Former California Guard Convicted On 64 Counts of Sexually Abusing Prisoners, March 1, 2025. Staff-Prisoner Assault, Guard Misconduct.
- No Evacuations for Los Angeles Prisoners in Wildfire’s Path, March 1, 2025. Failure to Protect (General), Fire Hazards.
- Minnesota Supreme Court Says Randy Guard Must Face Prisoner’s Sexual Harassment and Assault Claims, Feb. 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Federal Tort Claims Act, Federal Tort Claims Act (FTCA).
- $150,000 Settlement But No Charges After Schizophrenic Florida Detainee Killed by Jail Guards, Feb. 15, 2025. Guard Misconduct, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
- BOP Shutters “Rape Club” in California, Director Peters Quits, Feb. 15, 2025. Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Bureau of Prisons (BOP).
- Oregon DOC Investigation Puts Top Medical Officials on Leave, Feb. 15, 2025. Systemic Medical Neglect, Malpractice, Staffing, Mental Health, Official Investigation.
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
- New York Governor Orders Firing of 13 Guards, Nurse in Prisoner’s Fatal Beating, Feb. 15, 2025. Guard Misconduct, Medical Misconduct, Excessive Force (Wrongful Death), Deliberate Indifference.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Guard Pleads Guilty to Using Excessive Force at Indiana Jail Sued Nine Times in Two Years, Jan. 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Plea Agreements/Guilty Pleas.