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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:
- $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
- Ninth Circuit Revives Complaint Over Sloppy Cell Checks Before Psychotic Detainee’s Death at L.A. Jail, June 1, 2025
- $500,000 for Colorado Detainee Dropped On His Face by Jailers, June 1, 2025
More from these topics:
- News in Brief, July 15, 2025. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Failure to Protect (General), Pepper Spray/Tear Gas, halfway houses, New Trial/Judgment of Acquittal, Bribery/Extortion/Theft, Fraud and Deceit.
- Former New Jersey Jailers Plead Guilty to Beating Detainee for Tossing Urine, July 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Prisoners' Rights.
- Guards Used “Blast Grenades” to Break Up Mob Attack in California Prison, July 15, 2025. Failure to Protect (General), Pepper Spray/Tear Gas, Prisoner Privileges, Telephone Access.
- From the Editor, July 15, 2025. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, Censorship.
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Employee Litigation.
- 14th Alabama Sheriff’s Employee Pleads Guilty in Jail Detainee’s Death by Freezing, July 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- The Dangerous Practice of Late-Night Jail Releases, July 15, 2025. Failure to Protect (General), Jail Specific, Arrest and Booking, Release and Reentry.
- Sixth Guard Sentenced in West Virginia Killing of Pretrial Detainee, July 15, 2025. Failure to Protect (General), Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Ongoing Detainee Deaths Push Rikers Island into Federal Court Receivership, July 15, 2025. Totality of Conditions, Failure to Protect (General), Fire Hazards, Overcrowding, Eighth Amendment, Staffing, Environmental Law, Plumbing, Sewage, Jail Specific.
- Former Wisconsin Warden Gets No Cell Time, $500 Fine After Prisoner Deaths, June 1, 2025. Misconduct/Corruption, Guard Misconduct, Failure to Protect (General).