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Wilcoxson v. Buncombe Co, NC, Settlement, wrongful conviction, 2015

Brief • July 1, 2015

Filed under: Wrongful Conviction

Wilcoxson v. Buncombe Co, NC, Settlement, wrongful conviction, 2015

Supreme Court Reinstates Challenge to North Carolina Post-Release GPS Sex Offender Monitoring

Article • June 3, 2015 • from PLN June, 2015

Filed under: Sex Offenders (Discrimination), Parole/Probation Searches, Mechanical Searches/Scanners, Police Searches

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

Brief • May 19, 2015

Filed under: Excessive Force (Wrongful Death)

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

Article • May 6, 2015 • from PLN May, 2015

Filed under: Water, Transportation, Medical Neglect/Malpractice

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

Article • April 10, 2015 • from PLN April, 2015

Filed under: GEO Group/Wackenhut, Sentinel, Mechanical Searches/Scanners

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

Article • April 9, 2015 • from PLN April, 2015

Filed under: Wrongful Conviction

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

Article • January 13, 2015

Filed under: Prison Labor, Cost of Prison Systems

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

Article • January 12, 2015

Filed under: Contractor Misconduct, Private Contractors, Medical Expenses, Cost of Prison Systems

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

Article • November 8, 2014 • from PLN November, 2014

Filed under: Government Misconduct, Prosecutor/Attorney General Misconduct, Criminal Prosecution, Attorney Misconduct, Attorneys General, Prosecutors, Wrongful Conviction, Wrongful Imprisonment, Prosecutorial Immunity, Criminal Procedure

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

Article • November 8, 2014 • from PLN November, 2014

Filed under: Attorney Misconduct, Prosecutors, Wrongful Conviction, Criminal Procedure

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

Brief • November 5, 2014

Filed under: Failure to Treat, Jail Specific, Wrongful Death

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

Article • October 23, 2014

Filed under: Failure to Protect (General), Eighth Amendment, Showers, Lockdowns, Visiting

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

Article • October 5, 2014

Filed under: Restraints, Freedom of Information Act, Control Units/SHU/Solitary Confinement

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

Article • September 20, 2014 • from PLN September, 2014

Filed under: Attorney Fees (PLRA)

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

Article • September 18, 2014 • from PLN September, 2014

Filed under: Contractor Misconduct, Private Contractors, Freedom of Information Act

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

Article • July 11, 2014 • from PLN July, 2014

Filed under: Racial Discrimination, State Legislation

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

Article • July 11, 2014 • from PLN July, 2014

Filed under: Wrongful Conviction, Wrongful Imprisonment

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 …

Pay Tel Receives Waiver of Prison Phone Rate Caps

Article • May 20, 2014 • from PLN May, 2014

Filed under: Telephone Rates

Pay Tel Receives Waiver of Prison Phone Rate Caps by Pay Tel Receives Waiver of Prison Phone Rate Caps   On January 8, 2014, Pay Tel Communications, a North Carolina company that provides phone services at correctional facilities in 13 states, filed a petition requesting a waiver of the rate …

King v. Boyd, NC, Complaint, Staffer Forced Sex on Inmate, 2014

Brief • May 20, 2014

Filed under: Sexual Assault, Staff-Prisoner Assault, Sexual Harassment, Misconduct/Corruption, Guard Misconduct, Threats by Staff, Jail Misconduct

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Corbett v. Branker, NC, Order, Video Surveillance, 2014

Brief • March 27, 2014

Filed under: Videotaping

Corbett v. Branker, NC, Order, Video Surveillance, 2014 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:13-CT-3201-BO STANLEY EARL CORBETT, et al., Plaintiffs, V. G.J. BRANKER, et al., Defendants. ) ) ) ) ) ) ) ORDER This suit involves allegations arising while plaintiffs, as collective …