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Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina

Article • November 15, 2023 • from PLN November, 2023

Filed under: Gender Discrimination -- Men, Medical, Fifth Amendment, Search and Seizure, Civil Rights Actions or Offenses/Bivens Actions

Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina by David Reutter by David M. Reutter On May 3, 2023, the U.S. Court of Appeals for the Fourth Circuit affirmed dismissal of a federal prisoner’s civil rights suit, finding his Fifth Amendment claim did not fit within …

Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question

Article • October 15, 2023 • from PLN October, 2023

Filed under: Administrative Exhaustion (PLRA), Grievances

Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question by Mark Wilson By Mark Wilson On December 27, 2022, the U.S. Court of Appeals for the Fourth Circuit vacated summary judgment issued against a North Carolina prisoner for failing to exhaust his administrative remedies, as …

Long v. City of Concord, NC, Complaint, Wrongful Conviction, 2023

Brief • September 22, 2023

Filed under: Wrongful Conviction

Long v. City of Concord, NC, Complaint, Wrongful Conviction, 2023 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No: 5:21-cv-00201-D RONNIE WALLACE LONG , ) ) Plaintiff, ) vs. ) ) CITY OF CONCORD, VAN WALTER ) ISENHOUR, in his Individual Capacity; …

$5,000 Settlement for Warrantless Search of Pro Se North Carolina Prisoner’s Cellphone

Article • September 15, 2023 • from PLN September, 2023

Filed under: Settlements, Searches - Cellphones/Computers/Internet, Cell-Phone Location/Tracking Data

$5,000 Settlement for Warrantless Search of Pro Se North Carolina Prisoner’s Cellphone by Matthew Clarke by Matt Clarke A North Carolina prisoner who alleged his constitutional rights were violated during his arrest and pretrial detention eventually filed five federal lawsuits. Three were dismissed by the federal court for the Eastern …

Fourth Circuit: Federal Prisoner in North Carolina Making Rehabilitation Act Claim Must Exhaust Both BOP Grievance Process and Justice Department’s EEO Complaint Process

Article • August 15, 2023 • from PLN August, 2023

Filed under: Administrative Exhaustion, Grievances, Rehabilitation Act

Fourth Circuit: Federal Prisoner in North Carolina Making Rehabilitation Act Claim Must Exhaust Both BOP Grievance Process and Justice Department’s EEO Complaint Process by David Reutter by David M. Reutter On March 29, 2023, the U.S. Court of Appeals for the Fourth Circuit raised the high bar a prisoner must …

Hines v. Johnson, NC, Settlement,Illegal Arrest and Seizure, 2023

Brief • August 10, 2023

Filed under: False Arrest, Search and Seizure, Privacy Act/Rights, Seizure

Hines v. Johnson, NC, Settlement,Illegal Arrest and Seizure, 2023 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the “Agreement”), made and entered into by and between Aris Hines and Brandi Thomason (hereinafter collectively referred to as “Plaintiffs”) and Terry S. Johnson, Randy Jones, and NGM Insurance Company (hereinafter referred …

News in Brief

Article • July 15, 2023 • from PLN July, 2023

Filed under: News in Brief

News in Brief by Alabama: A guard with the federal Bureau of Prisons (BOP) was indicted on April 27, 2023, on charges he sexually abused two prisoners at the Federal Correctional Institution (FCI) in Aliceville, according to a report by the Birmingham News. Robert D. Smith allegedly had sexual intercourse …

Fourth Circuit Affirms Dismissal of North Carolina Prisoner’s ADA Claim for Failure to Show Deliberate Indifference

Article • July 15, 2023 • from PLN July, 2023

Filed under: Americans with Disabilities Act, Deliberate Indifference

Fourth Circuit Affirms Dismissal of North Carolina Prisoner’s ADA Claim for Failure to Show Deliberate Indifference by Douglas Ankney by Douglas Ankney In an instructive case for prisoners making claims under the Americans with Disabilities Act (ADA), 42 U.S.C. ch.126 § 12101, et seq., the U.S. Court of Appeals for …

Glynn County Sheriff's Office and Pay Tel Communications, Lnc. Contract, 2023

Publication • June 13, 2023

Filed under: Video Visitation

Glynn County Sheriff's Office and Pay Tel Communications, Lnc. Contract, 2023 CONTRACT ADDENDUM BETWEEN THE GLYNN COUNTY SHERIFF'S OFFICE AND PAY TEL COMMUNICATIONS, INC. Pursuant to the contract for telephone services by and between the Glynn County Sheriffs Office and Pay Tel Commun ications. Inc. executed on August 15. 2014. …

Fourth Circuit: No Civil Commitment at Release for Federal Prisoner in North Carolina Without Considering Conditions

Article • May 1, 2023 • from PLN May, 2023

Filed under: Civil Commitment, Conditions of

Fourth Circuit: No Civil Commitment at Release for Federal Prisoner in North Carolina Without Considering Conditions by Casey Bastian by Casey J. Bastian On November 17, 20222, the U.S. Court of Appeals for the Fourth Circuit stopped the federal Bureau of Prisons (BOP) from civilly committing a prisoner being released …

Dogged by Racist Comments, North Carolina Sheriff Resigns – Again

Article • May 1, 2023 • from PLN May, 2023

Filed under: Police Misconduct, Racial Discrimination, Staffing

Dogged by Racist Comments, North Carolina Sheriff Resigns – Again by Jo Ellen Nott by Jo Ellen Nott On January 4, 2023, Jody Greene (R) resigned as Sheriff of North Carolina’s Columbus County – for the second time in just over two months. First elected in 2018, he had earlier …

Craig v. McFadden, NC, Complaint, Discrimination, 2023

Brief • April 26, 2023

Filed under: Discrimination, Gender Discrimination -- Women, Retaliation

Craig v. McFadden, NC, Complaint, Discrimination, 2023 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION FILE NO. 3:23-cv-00246 CHANDLER CRAIG Plaintiff, : : : : : GARRY McFADDEN, in his Official : capacity as Sheriff of Mecklenburg County : PLATTE RIVER INSURANCE : COMPANY, JOHN …

HRDC v. Ishee, et al., NC, Order Granting Motion to Compel, 2023

Filing • April 7, 2023

Filed under: Publications/Books, Due Process, Banned Book Lists, PLN Litigation, Censorship, HRDC Publications, HRDC Litigation

HRDC v. Ishee, et al., NC, Order Granting Motion to Compel, 2023 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:21-CV-00469-FL Human Rights Defense Center, Plaintiff, Order v. Casandra Skinner Hoekstra, et al., Defendants. Plaintiff Human Rights Defense Center claims the North …

HRDC v. Ishee, et al., NC, Order to Recover Attorneys Fees and Expenses, 2023

Filing • April 7, 2023

Filed under: Publications/Books, Due Process, Banned Book Lists, PLN Litigation, Censorship, HRDC Publications, HRDC Litigation

HRDC v. Ishee, et al., NC, Order to Recover Attorneys Fees and Expenses, 2023 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:21-CV-00469-FL Human Rights Defense Center, Plaintiff, Order v. Casandra Skinner Hoekstra, et al., Defendants. The court has found that Plaintiff …

Human Rights Defense Center v. Hoekstra, NC, Order, Censorship, 2023

Brief • April 7, 2023

Filed under: Censorship

Human Rights Defense Center v. Hoekstra, NC, Order, Censorship, 2023 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:21-CV-00469-FL Human Rights Defense Center, Plaintiff, Order v. Casandra Skinner Hoekstra, et al., Defendants. Plaintiff Human Rights Defense Center claims the North Carolina Department …

HRDC v. Ishee, et al., NC, Order Granting Motion to Compel, 2023

Brief • April 7, 2023

Filed under: Publications/Books, Due Process, Banned Book Lists, Censorship, HRDC Publications, HRDC Litigation

HRDC v. Ishee, et al., NC, Order Granting Motion to Compel, 2023 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:21-CV-00469-FL Human Rights Defense Center, Plaintiff, Order v. Casandra Skinner Hoekstra, et al., Defendants. Plaintiff Human Rights Defense Center claims the North …

HRDC v. Ishee, et al., NC, Order to Recover Attorneys Fees and Expenses, 2023

Brief • April 7, 2023

Filed under: Publications/Books, Due Process, Banned Book Lists, PLN Litigation, Censorship, HRDC Publications, HRDC Litigation

HRDC v. Ishee, et al., NC, Order to Recover Attorneys Fees and Expenses, 2023 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:21-CV-00469-FL Human Rights Defense Center, Plaintiff, Order v. Casandra Skinner Hoekstra, et al., Defendants. The court has found that Plaintiff …

Fourth Circuit Reinstates North Carolina Prisoner’s Suit Over Flesh-Eating Infection

Article • March 1, 2023 • from PLN March, 2023

Filed under: Infections

Fourth Circuit Reinstates North Carolina Prisoner’s Suit Over Flesh-Eating Infection by David Reutter by David M. Reutter On April 19, 2022, the U.S. Court of Appeals for the Fourth Circuit reversed the dismissal of a prisoner’s civil rights complaint, reviving his claims that North Carolina prison officials ignored a flesh-eating …

$3 Million From Forsyth County, No Stay in Civil Case Against Wellpath Nurse Indicted for Involuntary Manslaughter of N.C. Jail Detainee

Article • January 1, 2023 • from PLN January, 2023

Filed under: Private Contractors, Settlements, Medical Neglect/Malpractice

$3 Million From Forsyth County, No Stay in Civil Case Against Wellpath Nurse Indicted for Involuntary Manslaughter of N.C. Jail Detainee by Eike Blohm, MD by Eike Blohm, MD After a federal court in North Carolina declined to stay a civil case against Wellpath and a nurse it employed accused …

News in Brief

Article • November 30, 2022 • from PLN December, 2022

Filed under: News in Brief

News in Brief by Alabama: A detainee assaulted aguard at the Calhoun County Jail on August 6, 2022, the Anniston Star reported. Sheriff Matthew Wade blamed an ongoing staffing shortage, which has typically left three guards on duty to supervise 300 detainees. One of them, Jacob Hammett, was out of …