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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.
…
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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
- Washington Spends Only Fraction of Fund to Improve Prisoner Welfare
- Prisons Don’t Fix Rural Poverty—They Make It Worse
- Eleventh Circuit Tells BOP Prisoner in Georgia: Bivens Is On “Endangered Species List”
- Rikers Island Continues Long Practice of Denying Education to Young Adults, by Douglas Ankney
- Biometric Monitoring Comes to Washington Jail
- 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
- Long Wait List for Texas’ Only College-Level Re-Entry Class for Prisoners
- Florida Prisoners Sue Over Deadly Heat
- $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 Ilica Mahajan, Rachel Dissell
- 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
- Oregon DOC Investigation Puts Top Medical Officials on Leave
- Ohio Guard Killed by Prisoner in Christmas Day Attack
- 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:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
- BOP Denies Providing Substandard Dialysis Treatment Despite Prisoners’ Deaths, Court Filings, Understaffing and Lack of Oversight, Sept. 1, 2026
- New Jersey Court Rules That Denial of Transgender Prisoner’s Transfer Request Violates Neither Discrimination Law nor Equal Protection Clause, Sept. 1, 2026
More from these topics:
- South Carolina Supreme Court Reverses Class Action Status in Prisoners’ Sexual Assault Lawsuit, Oct. 1, 2026. Sexual Assault, Failure to Protect (General), Class Certification, Prison Rape Elimination Act, Appealable Issues/Orders.
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026. Failure to Protect (General), Food, Guard Brutality/Beatings, Attorney Visits, Pretrial Detention and Detainees.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026. Failure to Protect (General), Staffing, Security Systems, Summary Judgment, Deliberate Indifference.
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- Last of 11 Guards Sentenced in Death of New York Prisoner, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury, Obstruction of Justice.
- What 911 Calls Reveal About Jail Operations, Sept. 1, 2026. Systemic Medical Neglect, Statistics/Trends, Failure to Protect (General), Staffing, Staff Training.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.