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$2.5 Million Settlement in North Carolina Prisoner’s Dehydration Death

Article • April 1, 2016 • from PLN April, 2016

Filed under: Water, Restraints, Failure to Protect (Wrongful Death), Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness)

$2.5 Million Settlement in North Carolina Prisoner’s Dehydration Death by The North Carolina Department of Public Safety (NCDPS) agreed to pay $2.5 million to the family of a mentally ill prisoner who died after spending 35 days in an isolation cell. Michael Anthony Kerr’s death in 2014 occurred during a …

McCollum v. Robeson County, NC, Amended Complaint, Wrongful Conviction Death Sentence, 2016

Brief • March 24, 2016

Filed under: Wrongful Conviction, Death Penalty

McCollum v. Robeson County, NC, Amended Complaint, Wrongful Conviction Death Sentence, 2016 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION ------------------------------------------------------------------------X Docket # 5:15-CV-451-BO HENRY LEE MCCOLLUM and GERALDINE BROWN RANSOM, on behalf of and as legal guardian of LEON BROWN, Plaintiffs, -versusROBESON …

Prison Healthcare Financial Audit, Feb, NC OSA, 2013

Publication • February 16, 2016

Filed under: Misconduct/Corruption, Corrections Audits

Prison Healthcare Financial Audit, Feb, NC OSA, 2013 STATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY DIVISION OF ADULT CORRECTION RECOVERY AUDIT EFFORTS FINANCIAL RELATED AUDIT FEBRUARY 2013 OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA STATE AUDITOR DEPARTMENT OF PUBLIC SAFETY DIVISION OF ADULT CORRECTION RECOVERY AUDIT EFFORTS …

Death in Military Custody - Commanders Report (NC), 04-08, ACLU, 2008

Publication • February 16, 2016

Filed under: Wrongful Death

Death in Military Custody - Commanders Report (NC), 04-08, ACLU, 2008

The Problem of Supermax Prisons, NC Journal of Law and Tech Vol 4 Issue 1 Fall (Pettigrew), 2002

Publication • February 9, 2016

Filed under: Control Units/SHU/Solitary Confinement

The Problem of Supermax Prisons, NC Journal of Law and Tech Vol 4 Issue 1 Fall (Pettigrew), 2002 NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY VOLUME 4, ISSUE 1: FALL 2002 Comment: Technology and the Eighth Amendment: The Problem of Supermax Prisons Charles A. Pettigrew1 “I worry that anytime something …

The Changing Racial Composition of Three State Prison Systems, Justice Center Analysis, 2015

Publication • February 8, 2016

Filed under: Statistics/Trends

The Changing Racial Composition of Three State Prison Systems, Justice Center Analysis, 2015 March 2015 In Brief: Examining the Changing Racial Composition of Three States’ Prison Populations T he National Research Council’s 2014 report, The Growth of Incarceration in the United States: Exploring the Causes and Consequences, highlighted how the …

Heyer v. BOP, Order Granting Partial MSJ, Denying Dismissal Without Prejudice, 2016

Brief • January 4, 2016

Filed under: Deaf Prisoners, Americans with Disabilities Act

Heyer v. BOP, Order Granting Partial MSJ, Denying Dismissal Without Prejudice, 2016 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:11-CT-3118-D THOMAS HEYER and ROBERT PAUL BOYD, Plaintiffs, v. UNITED STATES BUREAU OF PRISONS, et al., Defendants. ) ) ) ) ) …

North Carolina District Attorney Not Entitled to Qualified Immunity for Allegedly Firing Employee Based on His Public Statements Criticizing Program

Article • November 17, 2015

Filed under: Qualified Immunity, First Amendment, Employee Litigation

North Carolina District Attorney Not Entitled to Qualified Immunity for Allegedly Firing Employee Based on His Public Statements Criticizing Program by North Carolina District Attorney Not Entitled to Qualified Immunity for Allegedly Firing Employee Based on His Public Statements Criticizing Program The U.S. Court of Appeals for the Fourth Circuit …

State Prison Systems Privatizing Prisoner Accounts for Commissions

Article • November 13, 2015

Filed under: JPay, Inc., Trust Accounts

State Prison Systems Privatizing Prisoner Accounts for Commissions by State Prison Systems Privatizing Prisoner Accounts for Commissions by David M. Reutter Three state prison systems have relinquished control of their prisoner trust accounts to a private company. The contracts provide for fees on deposits and “commissions” on each transaction for …

Fourth Circuit Orders District Court to Award Attorney Fees in Free Speech Suit against North Carolina Sheriff

Article • October 30, 2015

Filed under: Attorney Fee Awards, First Amendment

Fourth Circuit Orders District Court to Award Attorney Fees in Free Speech Suit against North Carolina Sheriff by Fourth Circuit Orders District Court to Award Attorney Fees in Free Speech Suit against North Carolina Sheriff On July 11, 2014, the U.S. District Court for the Fourth Circuit reversed a lower …

North Carolina Prisoner Awarded $0.99 after Assault by Guard

Article • October 27, 2015

Filed under: Guard Brutality/Beatings

North Carolina Prisoner Awarded $0.99 after Assault by Guard by North Carolina Prisoner Awarded $0.99 after Assault by Guard On July 24, 2012, in the U.S. District Court in Charlotte, N.C., a jury awarded plaintiff Jamey L. Wilkins, a North Carolina state prisoner housed in the segregation unit of Lanesboro …

News in Brief

Article • October 26, 2015 • from PLN November, 2015

News in Brief by News in Brief California: On April 21, 2015, San Francisco Sheriff Ross Mirkarimi announced that 30 body cameras would soon be deployed by jailers working within Jail No. 4. He said he hopes that the new equipment will emphasize transparency and accountability in his department, which …

Sex Offender Loses Adam Walsh Civil Commitment Appeal

Article • October 14, 2015

Filed under: Civil Commitment

Sex Offender Loses Adam Walsh Civil Commitment Appeal by Sex Offender Loses Adam Walsh Civil Commitment Appeal The United States Court of Appeals for the Fourth Circuit affirmed, on December 10, 2013, the judgement of the District Court for the Eastern District of North Carolina civilly committing appellant Richard Savage …

Ussery v. Mansfield, NC, Settlement Agreement, Excessive Force by Staff, 2015

Brief • October 8, 2015

Filed under: Guard Misconduct, Eighth Amendment, Excessive Force, Guard Brutality/Beatings

Ussery v. Mansfield, NC, Settlement Agreement, Excessive Force by Staff, 2015 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:ll -CT- 3124-BO SAMMY USSERY, Plaintiff, V. SGT. MANSFIELD, JAMES DUNLOW , TIMOTHY RUFFIN Defendants. ) ) ) ) ) ) ) ) …

North Carolina Prisons Slow to Change Attitudes about Mentally Ill Prisoners

Article • September 25, 2015 • from PLN October, 2015

Filed under: Prison Reform, Mental Health, Failure to Treat (Mental Illness), State Legislation

North Carolina Prisons Slow to Change Attitudes about Mentally Ill Prisoners by David Reutter North Carolina Prisons Slow to Change Attitudes about Mentally Ill Prisoners by David M. Reutter The head of North Carolina’s Division of Adult Correction and Juvenile Justice is calling for more than $20 million in additional …

North Carolina Guard Gets Three Months for Killing Prisoner

Article • September 25, 2015 • from PLN October, 2015

Filed under: Guard Brutality/Beatings, Excessive Force (Wrongful Death)

North Carolina Guard Gets Three Months for Killing Prisoner by Christopher Zoukis North Carolina Guard Gets Three Months for Killing Prisoner by Christopher Zoukis A North Carolina guard was ordered to serve three months in jail after being found guilty of beating to death a prisoner who had been arrested …

Federal Court Orders Cameras to Cover Blind Spots at North Carolina Prison

Article • August 28, 2015 • from PLN September, 2015

Filed under: Guard Misconduct, Videotaping, Guard Brutality/Beatings, Control Units/SHU/Solitary Confinement

Federal Court Orders Cameras to Cover Blind Spots at North Carolina Prison by David Reutter Federal Court Orders Cameras to Cover Blind Spots at North Carolina Prison by David Reutter On August 22, 2013, a North Carolina federal district court ordered attorneys representing the state prison system to present a …

Liability against Taser for Negligence Upheld but $5.5 Million Damages Award Reversed

Article • August 28, 2015 • from PLN September, 2015

Filed under: Cardiovascular, Stun Guns/Tasers, Damages, Failure to Train/Supervise, Excessive Force (Wrongful Death)

Liability against Taser for Negligence Upheld but $5.5 Million Damages Award Reversed by David Reutter Liability against Taser for Negligence Upheld but $5.5 Million Damages Award Reversed by David M. Reutter In November 2013, the Fourth Circuit Court of Appeals upheld a jury’s finding that Taser International was liable for …

Patel v. Bureau of Prisons, DC, Memorandum Opinion Re Summary Judgment, Noncitizen Treatment, RFRA, FOIA, 2015

Brief • August 21, 2015

Filed under: GEO Group/Wackenhut, DOC/BOP misconduct, Religious Discrimination, Religious Freedom Restoration Act, Freedom of Information Act, Immigration, Religious Diet, Denial of Religious Services

Patel v. Bureau of Prisons, DC, Memorandum Opinion Re Summary Judgment, Noncitizen Treatment, RFRA, FOIA, 2015 Case 1:09-cv-00200-RDM Document 130 Filed 08/21/15 Page 1 of 36 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KAMAL PATEL, Plaintiff, v. BUREAU OF PRISONS, et al., Defendants. ) ) ) ) ) …

North Carolina Prisoner, Victim of Sexual Assault, Awarded One Dollar in Damages

Article • August 1, 2015 • from PLN August, 2015

Filed under: Staff-Prisoner Assault

North Carolina Prisoner, Victim of Sexual Assault, Awarded One Dollar in Damages by North Carolina Prisoner, Victim of Sexual Assault, Awarded One Dollar in Damages Shane Smith was incarcerated at North Carolina’s Craggy Correctional Center (CCC) when he was sexually assaulted multiple times by a prison supervisor. Even though he …