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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:
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
- Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, March 15, 2025
- California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025
- Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, March 15, 2025
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025
- 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
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.
- South Carolina Prison Guard Supervisor Pleads Guilty to Smuggling, Bribery, March 1, 2025. Guard Misconduct, Federal Funds.
- Sixth West Virginia Jailer Found Guilty After Detainee Death, Estate Dismisses Claims Against PrimeCare Medical Employees, March 1, 2025. Primecare Medical, Guard Misconduct, Guard Brutality/Beatings, Wrongful Death.
- New York Guards Strike After 10 Charged in Prisoner’s Fatal Beating, March 1, 2025. Guard Misconduct, Protests, Guard Brutality/Beatings.
- ‘Eye Opening’ Self-Harm Found in Washington DOC Solitary Confinement, March 1, 2025. Failure to Protect (General), Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- Washington Prisoner Sues Jail Where Assault Left Him Comatose, DOC Guard Who Then Sexually Abused Him, March 1, 2025. Prisoner-Staff Assault, Guard Misconduct, Jail Misconduct, Sex Offender Registration, Failure to Protect (General).
- Rhode Island Prison Chief Wrist-Slapped for Ethics Violation, March 1, 2025. Guard Misconduct, Ethical Restraints.
- Warden, Top Deputy Walked Off the Job at “Wild West” Missouri Prison, March 1, 2025. Guard Misconduct, War on Drugs, Rural Prisons.
- 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).