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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
- San Francisco Supervisor Calls for “Mass Arrests” and Compulsory Addiction Treatment in “Drug Jails”
- Fifth Circuit Revives Texas Prisoner’s Sleep Deprivation Claim—Again
- 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
- Florida to Trans Prisoners: We’re Coming for Your Bras
- U.S. Navy Exonerates Wrongly Convicted Black WWII Sailors
- 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
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, by Douglas Ankney
- State Forces Minneapolis Jail to Ship Out Detainees
- Michigan Allows More Releases for Medically Frail Prisoners
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, by Douglas Ankney
- Medicare Now Available to Those on Probation and Parole
- 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
- California Governor Pardons Former Prisoner Podcaster of “Ear Hustle”
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner
- 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
- Tennessee Finalizes New One-Drug Execution Protocol
- Thousands Freed from Syrian Prison
- 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:
- 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.
- Now Under Federal Receivership, New York City’s Rikers Island Jails Still Have No Plan to Improve, No Firm Date to Close, Aug. 1, 2025. Guard Misconduct, DOC/BOP misconduct, Jail Misconduct, Corrections Audits, Systemic Medical Neglect, Medical Records, Eighth Amendment.
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
- 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).
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- Alabama DOC Attorneys Reprimanded for Filing AI-Written Briefs in Prisoner’s Suit, Aug. 1, 2025. Failure to Protect (General), Attorney Misconduct.
- Former Maine Prison Guard Arrested and Detained by ICE Agents, Aug. 1, 2025. Guard Misconduct, Guards/Staff, Immigration Law/Offenses.
- DOJ Inspects BOP Food Service Operations, Finds Troubling Issues at Multiple Facilities, Aug. 1, 2025. Failure to Protect (General), Food, Staffing.
- 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).

