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 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 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 …
Supreme Court Reinstates Challenge to North Carolina Post-Release GPS Sex Offender Monitoring by Derek Gilna Supreme Court Reinstates Challenge to North Carolina Post-Release GPS Sex Offender Monitoring by Derek Gilna In a March 30, 2015 ruling, the U.S. Supreme Court addressed a North Carolina law that requires certain sex offenders …
Gilbert v. Harrison, NC, Complaint, Wrongful Death Excessive Force, 2015 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA Western Division Civil Action No. 5:15-cv-00215 MARLENE GILBERT, Administrator of the Estate of Shon D. McClain, and the STATE OF NORTH CAROLINA, ex. rel. Marlene Gilbert, Administrator of the …
Dehydration Death of North Carolina Prisoner Prompts Investigations, Firings, Resignations by Christopher Zoukis North Carolina prisoner with a history of mental illness who was found dead in a transport van after being transferred to another prison died due to dehydration, according to the North Carolina Medical Examiner’s Office. However, the …
The Spread of Electronic Monitoring: No Quick Fix for Mass Incarceration by James Kilgore The Spread of Electronic Monitoring: No Quick Fix for Mass Incarceration by James Kilgore In a troubled criminal justice system desperately looking for alternatives to incarceration, electronic monitoring is trending. North Carolina has tripled the use …
Dismissal of Wrongfully Convicted Prisoner’s Fabricated Evidence Claims Upheld on Appeal by David Reutter Dismissal of Wrongfully Convicted Prisoner’s Fabricated Evidence Claims Upheld on Appeal by David Reutter The Fourth Circuit Court of Appeals has affirmed a grant of judgment on the pleadings to two officers from North Carolina’s Charlotte-Mecklenburg …
Local Officials Decry Economic Disaster from Closure of North Carolina Prison by Local Officials Decry Economic Disaster from Closure of North Carolina Prison North Carolina officials plan to close the Robeson Correctional Center (RCC) because the state’s prison population has declined by 10 percent. Local officials are urging state legislators …
North Carolina DOC Medical Overpayments Exceed 10% of Total Bills by North Carolina DOC Medical Overpayments Exceed 10% of Total Bills The North Carolina Department of Public Safety, Division of Corrections (DOC), is in need of the services of a professional recovery audit firm, an audit by the state’s Auditor …
Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice by Christopher Zoukis Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice by Christopher Zoukis The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous.... While the prosecutor at his best …
Prosecutors Breaking Bad by Prosecutors Breaking Bad The following are various cases in which prosecutors have reportedly engaged in misconduct, ethical violations or criminal behavior, which evidence the need for effective solutions to the persistent problem of prosecutorial abuses. California In 2012, the California Supreme Court overturned the death sentence …
Simmons v. Corizon, NC, Amended Complaint, Death in Jail, 2014 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA Civil Action No. 1:14-CV-730 GLENDA S. SIMMONS and CALVIN C. SIMMONS as Co-Guardians and Co-Conservators of their son, BRYAN O’NEIL SIMMONS, and TIFFANY SIMMONS; Plaintiffs, FIRST AMENDED COMPLAINT (Jury …
North Carolina’s Prisoners on Eighth Month of Lockdown and Counting by David Reutter Prisoners in the close custody unit at North Carolina’s Scotland Correctional Institution (SCI) have been on indefinite lockdown since December 28, 2013. Prison officials contend the lockdown is in response to security needs, but the circumstances make …
Release of Tethering Records Settles North Carolina Public Record Suit by Release of Tethering Records Settles North Carolina Public Record Suit North Carolina prison officials agreed to give a prisoner segregation tethering records to settle his public record law violation suit. The North Carolina Department of Corrections (NCDOC) …
Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional by David Reutter Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional by David M. Reutter The Fourth Circuit Court of Appeals held on November 1, 2013 that the attorney fee provision of the Prison Litigation Reform Act (PLRA) is constitutional. The ruling …
BOP Criticized for Failing to Oversee Healthcare Administrator at FCC Butner by Derek Gilna BOP Criticized for Failing to Oversee Healthcare Administrator at FCC Butner by Derek Gilna The federal Bureau of Prisons (BOP) is facing criticism for its apparent failure to adequately oversee a Florida-based company responsible for coordinating …
North Carolina Repeals Racial Justice Law by North Carolina Repeals Racial Justice Law In June 2013, North Carolina Governor Pat McCrory signed legislation repealing the state’s Racial Justice Act of 2009 (the Act), a controversial law that supporters said was an effort to address racism in death penalty cases. Opponents, …
North Carolina: Hundreds of Federal Prisoners Legally Innocent, Some Still Incarcerated by Derek Gilna North Carolina: Hundreds of Federal Prisoners Legally Innocent, Some Still Incarcerated by Derek Gilna Following a 2011 federal appellate court ruling, the U.S. Department of Justice (DOJ) initially tried to delay the release of federal prisoners …
