North Carolina Supreme Court Upholds Felon’s Right to Possess Firearm by On August 28, 2009, the Supreme Court of North Carolina concluded that a 2004 law prohibiting felons from possessing a firearm violated the North Carolina constitution in an as-applied challenge to the law. Barney Britt was convicted in 1979 …
U.S. Supreme Court Holds Significant Injury Unnecessary for Excessive Force Claims by Brandon Sample More than de minimis injury is not required to state an excessive force claim, the U.S. Supreme Court unanimously decided on February 22, 2010. In Hudson v. McMillian, 503 U.S. 1 (1992) [PLN, May 1992, p.3], …
U.S. Supreme Court Holds Federal Civil Commitment Statute Lawfully Enacted by Brandon Sample Congress did not exceed its powers under the Necessary and Proper Clause in authorizing the federal civil commitment of “sexually dangerous” federal prisoners upon the completion of their sentences, the U.S. Supreme Court decided May 17, 2010. …
Fontenot v Taser Intl Nc Declaration Gary Vilke Taser Death 2010 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DI8TRICT OF NORTH CAROLINA 3 CHARLOTTE DIVISION NO. 8:10-CV-l.25 4 5 6 7 TAMMY LOU FONTENOT, as Administratrix of the Estate of DARRYL WAYNE TURNER, d.eceaged, Plaintiffs, 8 9 …
North Carolina Lacks Control and Overpays for Prisoner Health Care by David Reutter by David M. Reutter North Carolina’s Department of Corrections (NDOC) has inadequate procedures to contain prisoner medical costs and it overpays for prisoner medical care, concludes a fiscal control audit issued by the state’s auditor. NDOC spends …
Settlement Allows North Carolina Prisoners to Receive Compensation for Writings by David Reutter by David M. Reutter North Carolina’s Department of Corrections (NCDOC) has entered into a settlement agreement that allows prisoners to prepare for publication and receive compensation for manuscripts so long as the prisoner “authorizes a family member …
North Carolina Innocence Commission Verifies Wrongful Conviction by Matthew Clarke by Matt Clarke After examining hundreds of cases, the North Carolina Innocence Inquiry Commission has verified its first claim of innocence – which resulted in both controversy and stinging criticism from prosecutors. In 2006, North Carolina became the first state …
Released Prisoners More Likely to Die by Brandon Sample Recently-released prisoners are at a higher risk of death, according to studies published in the New England Journal of Medicine (NEJM) and the American Journal of Public Health. For a NEJM report entitled Release from Prison – A High Risk of …
Prison Psychologist Shoots Ex-Prisoner Boyfriend, Loses Her License by The North Carolina Psychology Board has revoked the license of a prison therapist who had a sexual relationship with a former prisoner – and shot him – upon his release. While Lamount K. Friend was at Neuse Correctional Institution, he participated …
Political Uproar Follows NC Court Ruling that Life Sentence is 80 Years by David Reutter by David M. Reutter A political brouhaha arose in October 2009 in the wake of a North Carolina appellate court decision which held that a “life sentence is as an 80-year sentence for all purposes.” …
4th Circuit Reverses District Court’s Denial of North Carolina Prisoners' Suit against DOC by On April 26, 1978, the 4th Circuit filed a decision to reverse and remand a district court ruling dismissing a complaint brought by 29 North Carolina prisoners against that state's governor and various DOC officials. The …
Conviction of CIA Contractor Who Fatally Beat Afghan Detainee Upheld on Appeal by On August 10, 2009, the Fourth Circuit Court of Appeals upheld the conviction of a CIA contractor who beat to death a detainee at a U.S. military outpost in Afghanistan. The contractor’s sentence was reversed due to …
North Carolina Courts, Legislature Take Steps to Resume Executions by Michael Brodheim The North Carolina judiciary and legislature have both taken steps to clear the way to resume executions, which have remained dormant in the state for the past three years. On May 1, 2009, a split North Carolina Supreme …
Mentally Ill NC Prisoners Injured in Separate Incidents by Gary Hunter Timothy E. Helms remains paralyzed from the neck down following a confrontation with guards after he lit a fire in his cell at North Carolina’s Alexander Correctional Institution in Taylorsville. The next day, on August 4, 2008, Helms arrived …
North Carolina: Positive Urinalysis Alone Doesn’t Sustain Marijuana Possession Charge by In a case of first impression, the North Carolina Supreme Court held on June 28, 2007, that a positive urinalysis alone was insufficient to uphold a probationer’s conviction for possession of marijuana. On August 21, 2004, defendant Darian Jaquan …
Gell v. Town of Aulander, NC, Settlement, Malicious Prosecution Wrongful Conviction, 2009 IN THE UNITED STATES DISTRICT COURT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA CAROLINA DIVISION NORTHERN DIVISION 2:05-CV-21-FL(1) CASE NO.: 2:05-CV-21-FL(1) JAMES ALAN GELL, Plaintiff, v. ) ) ) ) ) TOWN OF AULANDER, AULANDER ) POLICE …
Sheriff “Hollywood Hewett” Sentenced to 16 Months by Mark Wilson Sheriff “Hollywood Hewett” Sentenced to 16 Months by Mark Wilson Like a moth to a flame, North Carolina Sheriff Ronald Hewett had a fatal attraction to television cameras and the bright spotlight. In the end, “Hollywood Hewett’s” mistress betrayed him, …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
$25,000,000 Consent Judgment Entered Against Murderer by Caitlan Atwater, the daughter of a woman murdered by her husband, has obtained a $25,000,000 consent judgment. Atwater sued Michael Peterson after Kathleen Peterson, Atwater’s daughter from another marriage, was beaten to death by Peterson. The parties agreed to a consent judgment of …
North Carolina Audit Finds Deficiencies in 
State-Funded Youth Programs by Derick Limberg North Carolina Audit Finds Deficiencies in ?State-Funded Youth Programs by Derek S. Limburg On July 29, 2008, North Carolina’s State Auditor issued a report on the state’s oversight of juvenile delinquency prevention programs. The audit focused on three …
