North Carolina DOC Pays $750,000 for Sex Between Guard and Female Prisoner by North Carolina DOC Pays $750,000 for Sex Between Guard and Female Prisoner A North Carolina Department of Corrections (NCDOC) female prisoner won a jury award of $750,000 for three acts of sexual intercourse perpetrated by a male …
Smith v. Beck, NC, 2nd Amended Complaint, Sexual Assault & Retaliation by Prison Superintendent, 2008 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CASE NO. I:08-CV-166-TDS-WWD S. SHANE SMITH, ) ) ) ) Plaintiff, v. ) THEODIS BECK, individually and in his official capacity as Secretary for …
$1.95 Million for 18 Years Wrongful Imprisonment in North Carolina by On February 16, 2007, a North Carolina man who spent 18 years in prison for a rape he didn’t commit settled with the State and the City of Winston-Salem for $1,958,454. Darryl Hunt, a black man, was imprisoned in …
Applications for North Carolina County Positions Not Subject to Public Records Act by The North Carolina Supreme Court has held that applications for positions with counties are not subject to inspection and disclosure under the State’s Public Records Act. This action came after a Yadkin County Superior Court ordered the …
Former North Carolina Lawmaker’s Son Submits Highest Bid, Gets Prison Contract by David Reutter Last year, the North Carolina State Bureau of Investigation began examining the award of a prison pest control contract to the son of the state’s former House Speaker. The contract raised questions because the winning bid …
Prisoner's Action Affirmed Against North Carolina DOC For Negligence Leading To Amputation by The North Carolina Department of Correction (DOC) appealed the reversal of a 1989 summary judgment grant dismissing state prisoner Joe Medley's action for a DOC contracted private physician's negligence. The court affirmed the dismissal holding that the …
North Carolina Liberty Denying Treatment Program Ruled Statutorial Confinement; Prisoner's Time Credited by North Carolina State prisoner William Hearst petitioned for review of an appellate affirmation denying him 81 days credit for treatment program confinement. The affirmation was reversed and remanded to credit the 81 days, Hearst pled guilty for …
North Carolina Guard Settles Failure-to-Promote Suit for Over $155,000 by Gwendolyn Gordon, a North Carolina prison guard at Pamlico Correctional Institute sued the state Department of Corrections (DOC) officials in state and federal court for damages arising from the DOC's failure to promote her to warden. The DOC agreed to …
Contract to Purchase Medical Practice Non-Exempt Under North Carolina Public Records Act by The North Carolina Court of Appeals has held that a contract by a public hospital to purchase a medical practice is not “competitive health care information” that exempts the contract form the State’s Public Records Act. Before …
Public Duty Doctrine Discussed; North Carolina’s DHHS Has Duty to Inspect/Protect Prisoners by A North Carolina Court of Appeals has held that the State’s Department of Health and Human Services is not entitled to dismissal of a lawsuit brought on ground DHHS failed to properly train an employee in inspecting …
North Carolina Agency Liable in Jail Fire That Killed Five Prisoners by The North Carolina Supreme Court has held that the state’s Department of Health and Human Services (DHHS) has a statutorily imposed duty that creates a special relationship to prisoners that makes it liable in a negligence lawsuit. At …
North Carolina Execution Laws Trump Medical Board’s Ethics Declaration by John Dannenberg North Carolina Execution Laws Trump Medical Board's Ethics Declaration by John E. Dannenberg In September 2007, the Wake County, North Carolina Superior Court ruled that because executions are not "medical procedures," a state law that requires a physician …
Bivens Action Inapplicable to Private Prison Employees by The Fourth Circuit Court of Appeals has held that individual employees of a privately-operated prison are not subject to Eighth Amendment liability under a Bivens action. Before the Court was the defendants' appeal of a North Carolina federal district court's denial of …
Secretary Of Corrections And Parole Commission Chairman Can Release Statutorily Protected Prisoners' Records by Larry Justus of the General Assembly and Parole Commission Chairman (Chairman) Juanita Baker probed the North Carolina Attorney General's Office (AG) for protocol regarding the authority and release of parolee records. The AG instructed them that …
One-Off Offing: Why You Won't See a Disbarment Like Mike Nifong's Again by David Feige By David Feige Posted Monday, June 18, 2007, at 6:04 PM ET Now that justice has prevailed in the Duke rape case, with the nice innocent boys exonerated and the prosecutor who hounded them disbarred, …
North Carolina Women Prisoners Work Call/Bulk Mail Centers For Slave Wages by For slave wages, prisoners incarcerated at the North Carolina Correctional Institution for Women are working for the North Carolina Department of Commerce, processing bulk tourism mailings and manning a 24/7/364 call center that also acts as the backup …
Fourth Circuit Upholds "Special Mail" Label Rule by Fourth Circuit Upholds "Special Mail" Label Rule The Fourth Circuit Court of Appeals upheld a federal Bureau of Prisons regulation requiring that incoming prisoner legal mail must be marked "Special Mail - Open only in the presence of the inmate" and the …
Independent Evaluation Mandated For Federal Prisoner's Nunc Pro Tunc Housing Designation Request by Independent Evaluation Mandated For Federal Prisoner's Nunc Pro Tunc Housing Designation Request Federal prisoner Edward Trowell filed a federal habeas corpus petition seeking review of a Bureau of Prisons (BOP) rejection of a nunc pro tunc designation …
Telephonic Depositions Useful to Prisoners by A federal district court in North Carolina has held that Fed.R.Civ.P. 30 (b)(7) should be liberally construed to allow a telephonic deposition of a witness. The plaintiff sought such a deposition because she was unable to afford the cost to do a face-to-face deposition …
Contract Doctor Negligently Liable As Agent Of State DOC by State prisoner Joe Medley filed a medical negligence claim with the North Carolina Industrial Commission alleging that a doctor hired by the Department of Correction s(DOC), caused the amputation of his leg due to infection. The Commission granted summary judgment …
