BOP Work Release Policy Preliminary Enjoined by The Bureau of Prisons abruptly changed its policy of allowing prisoners to serve part or all of their time at Community Corrections Centers on judges' recommendations declaring the former policy illegal and applied the change to persons already sentenced. The court has inherent …
North Carolina Jail Liable for Brain Injury by The plaintiff was arrested, fell and hit his head while handcuffed as a result of a use of force, and sustained permanent serious brain damage as a result of a blood clot. Jail staff did not carry out a doctor's order to …
$110,000 Settlement for North Carolina Prisoner Beaten By Guards by A North Carolina prisoner who claimed jailers brutally beat him in the Mecklenburg County Jail (MCJ) will receive $110,000 in exchange for dropping his lawsuit against the county. Paul Midgett alleged that while imprisoned at MCJ on May 10, 2000, …
Suspension of Social Security Benefits for Prisoners Upheld by The court of appeals for the Fourth circuit held that 42 U.S.C. § 402(x), which suspends payment of social security benefits to incarcerated felons is constitutional. Social security benefits are non-contractual benefits subject to congressional discretion. Note that the statute only …
Eighth and Fourteenth Amendments Protect Against Excessive Use of Force by The U.S. Supreme Court held that §1983 actions alleging excessive use of force on free citizens should be analyzed pursuant to Fourth Amendment standards rather than the less protective Eighth Amendment standards used for prisoners. Petitioner was stopped by …
Prisoner Union Entitled to Protection by A North Carolina federal district court held that prisoners may solicit membership into a prisoner "labor union." This action was filed by the North Carolina Prisoners Labor Union, challenging a prison regulation that prohibited prisoners from soliciting membership into the union. The district court …
Federal Restitution Order Upheld by Different Sentencing Court by In 1993, a federal district court in North Carolina ordered Lauletto, Love to pay $50,000 in restitution following her conviction for credit card fraud. Several convictions later, a federal district court in Louisiana, as a parole condition, ordered her to pay …
NCDOC Discriminates Against Female Guards by In December of 1993, the United States filed suit against the North Carolina Department of Correction (NCDOC) in a federal district court. The suit alleged that the NCDOC was discriminating against women in terms of its promotion and hiring practices, in violation of U.S.C. …
Broader than Necessary Jury Instruction Requires Reversal in Prisoner's First Amendment Violation by Broader than Necessary Jury Instruction Requires Reversal in Prisoner's First Amendment Violation Claim The Fourth Circuit Court of Appeals held that it was a reversible error to give a jury instruction requiring that any prison restriction be …
Mentally Ill Prisoner's Dehydration Death Disputed by The decedent, held in a prison mental health unit, died of severe dehydration after the water to his cell was turned off as a response to his flooding his cell believing that he smelled smoke. Four days later he was sent to an …
Prisoners In 13 States Allowed Work-Access To Social Security Numbers by John Dannenberg by John E. Dannenberg The U.S. Office of the Inspector General (OIG) reported that prisoners in thirteen states had access to Social Security numbers (SSNs) during the course of their prison employment. Following a nationwide survey, the …
Sheriff’s Deputies Charged in Prisoner’s Death; Both Get Prison Time by Gary Hunter Sheriff's Deputies Charged in Prisoner's Death; Both Get Prison Time by Gary Hunter Jail guards Ronald Eugene Parker and Brandon Gray Huie were charged with second-degree murder in connection with the death of a prisoner in North …
North Carolina Enacts Innocence Inquiry Commission by John Dannenberg by John E. Dannenberg On August 3, 2006, North Carolina Governor Mike Easley signed into law H-1323, a bill creating an eight-member Innocence Commission wherein prisoners who have exhausted their court appeals but still claim they were wrongly convicted may reopen …
North Carolina Jail Prisoner Killed During Court Appearance by Gary Hunter Willie Forrest, 37, was fatally shot by a Northampton sheriff?s deputy, after he grabbed another deputy?s gun and fired two shots. Forrest, who had a history of courtroom violence, was standing trial, on Wednesday July 12, 2006, for three …
North Carolina Prisoner Taps Jails Bank Account for $120,000 by A former prisoner of North Carolinas Durham County Jail (DCJ) managed to bilk the jails prisoner account for over $120,000. After serving 69 days at DCJ, Keith Edward Wright, 34, was issued a check for the balance of the money …
North Carolina Prison Audit Finds Industry Excesses,Overpaid Guards, More by Michael Rigby The North Carolina Department of Corrections prison industries program routinely violates state purchasing guidelines and lacks adequate internal controls, a state audit has confirmed. The audit, released on October 19, 2005, also found that guards were sometimes overpaid, …
Dismissal of Medical and Retaliation Claims Reversed by Bob Williams The United States Court of Appeals for the Fourth Circuit, in an unpublished opinion, has reversed a lower courts dismissal of deliberate indifference claims in a prisoners denial of medical treatment for hepatitis C plus pancreatic and gout disorders. The …
Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA by Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA The Fourth Circuit Court of Appeals reversed a district courts award of $35,934.66 in attorneys fees, costs, and expenses under the …
North Carolina Pays $43,500 to Women Strip-Searched By Prisoners by by Michael Rigby The North Carolina Department of Corrections (DOC) has paid $43,500 to four women who were subjected to strip and body-cavity searches performed by other prisoners and to a fifth who was beaten when she refused to undress. …
North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in by North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in Capital Case by Matthew T. Clarke Alan Gell cried recently after a North Carolina State Bar panel issued a mere reprimand, the least discipline possible, to two …
