×
You've used up your 3 free articles for this month. Subscribe today.
Fourth Circuit: No Civil Commitment at Release for Federal Prisoner in North Carolina Without Considering Conditions
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 from the Federal Medical Center (FMC) in Butner, North Carolina. Proceeding under 18 U.S.C. § 4246, the government argued ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- L.A. County Jails: Leading in All the Wrong Ways, by Benjamin Tschirhart
- Predatory Probation Still Alive in Georgia, Other States, by David Reutter
- From the Editor, by Paul Wright
- Prisoner Health Update: K2, by Eike Blohm, MD
- Warden Ousted from Troubled Alabama Prison After DUI Arrest, by Edward Lyon
- Fifth Circuit Reinstates Lawsuit Over Texas Detainee’s Asphyxiation by Jail Guards, by Matthew Clarke
- Detainee Allegedly “Eaten Alive” by Vermin in Overcrowded Atlanta Jail, by Jacob Barrett
- Fifth Circuit Reinstates Claim That LaSalle Guards Fatally Beat Louisiana Pre-Trial Detainee, by Matthew Clarke
- Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies, by Jacob Barrett
- “Slap On the Wrist” for California Bail Agents Who Hired Bounty Hunter Who Killed Their Client, by Jayson Hawkins
- Dogged by Racist Comments, North Carolina Sheriff Resigns – Again, by Jo Ellen Nott
- MTC Accused of Parole Programming Scam at Texas Prisons, by Kevin Bliss
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, by David Reutter
- Fifth Circuit Again Revives Muslim Texas Prisoner’s Suit Over Halal Meals Denied During Hurricane Evacuation, by Matthew Clarke
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, by Jacob Barrett
- Prisoner’s Experience in Solitary Wins PEN America Writing Award, by Jacob Barrett
- Condemned Tennessee Prisoner Wins Fight Against Autopsy, by Harold Hempstead
- Maine’s Jails and Prisons Record 39 Deaths in 34 Months, by Jo Ellen Nott
- Fifth Circuit Upholds Qualified Immunity for Texas Prison Guard Who Beat Prisoner’s Arm With Baton Until It Broke, by Matthew Clarke
- $1.3 Million Paid to Transgender Woman Held Five Months in Atlanta Jail on Bogus Charges, by Chuck Sharman
- Nebraska Pays $479,000 for Restrictive Housing Prisoner’s Murder While Double-Celled, by Mark Wilson
- Shielded From Public View, Misconduct by Corrections Staff in Illinois Prisons Received Scant Discipline, by Shannon Heffernan
- $20,000 Settlement for Ohio Prisoner’s Slip-and-Fall Injury, by Edward Lyon
- $2.4 Million Judgment Against Michigan Jail Doctor Convicted of Sexually Abusing Three Prisoners, by Mark Wilson
- ACLU Report Details Exploitation of Prisoners for Forced Labor, by Matthew Clarke
- MTV Documentary Shines Light on Art Behind Bars, by Jayson Hawkins
- Fifth Circuit Finds “Opaque” Mississippi Prison Grievance System “Incapable of Use”, by Matthew Clarke
- College Education Disrupted for Washington Prisoners, by Kevin Bliss
- Overdose Rate in New York Jails and State Prisons Double U.S. Average, by Jacob Barrett
- $32,500 Medical Malpractice Award to Ohio Prisoner for Ripped-Out Catheter, by Edward Lyon
- Oklahoma County Pays $1.1 Million After Jail Guards Fatally Beat Detainee, by Jacob Barrett
- Louisiana High Court Abandons Ab Initio Precedent in Favor of “Victim’s Rights”, by David Reutter
- California Appellate Court: State Prisoners Held in Jail and Those Held in Prisons Not Alike for Sentence Credits, by Jacob Barrett
- Telecoms Exploiting Legal Loopholes to Price Gouge Prisoners and Their Families, by Jacob Barrett
- Fifth Circuit Revives Suit by Nation of Gods and Earth Prisoner Demanding Religious Recognition by Texas Prison Officials, by Matthew Clarke
- Iowa Teen Who Killed Her Alleged Rapist Recaptured After Halfway House Escape, by Kevin Bliss
- Former Missouri Prisoners Awarded $20 Million for Sexual Abuse by “Resident Pervert” Guard, by Ashleigh Dye
- $4.25 Million Paid by King County for Two Jail Beatings By Improperly Housed Mentally Ill Detainees, by Mark Wilson
- Arizona Prisoner Condemned Again for Cellmate’s Murder, by Jayson Hawkins
- Ninth Circuit Upholds Order Vacating Conviction in Oregon Prison Director’s 1989 Murder; SCOTUS Declines Review, by Mark Wilson
- Montana Becomes 13th State to End Prison Gerrymandering, by Chuck Sharman
- Fourth Circuit: No Civil Commitment at Release for Federal Prisoner in North Carolina Without Considering Conditions, by Casey Bastian
- Montana Pays $2,500 to Settle Prisoner’s Failure-to-Protect Claim, by Mark Wilson
- Eighth Circuit Affirms Over $278,000 Awarded to Minnesota Jail Detainee Held on Bad ICE Referral Policy, by David Reutter
- Alaska Supreme Court Says Parole Challenge Must Be Sought via Post-Conviction Relief, Not Lawsuit, by Mark Wilson
- News in Brief
More from Casey Bastian:
- Four Dead in One Month in San Bernardino County Jails, $3,232,500 in Settlements Paid So Far, March 1, 2024
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, Dec. 15, 2023
- U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-2022, Oct. 1, 2023
- Two Dead and $4.675 Million Paid After Deputies’ Alleged Misconduct in California’s Sonoma County, Sept. 15, 2023
- Collaborative Project Between Innocence Project and National Registry of Exonerations Produces Interim Report Reconciling Data Coding Discrepancies, Sept. 1, 2023
- Deceiving Themselves: How Cops’ False Belief in Their Ability to Detect Deception From Nonverbal Cues Leads to Miscarriages of Justice, Aug. 1, 2023
- Bureau of Justice Statistics Releases Latest First Step Act Data, June 15, 2023
- $775,000 Paid for Mentally Ill California Jail Detainee Who Compulsively Drank Water Until He Died, June 15, 2023
- Report Reveals Extent of Federal Pretrial Detention Crisis, June 15, 2023
- Sixth Circuit: “Minimal Findings Necessary” Before Garnishing Funds From Federal Prisoner in Ohio, June 15, 2023
More from these topics:
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, April 15, 2024. Commentary/Reviews, Statistics/Trends, Electronic Monitoring, Electronic Surveillance, Bail/Pretrial Release, Conditions of.
- $8.5 Million Settlement After Pretrial Detainee Suffocated by Guards and Medical Staff at Virginia Psychiatric Hospital, April 1, 2024. Guard Misconduct, Medical Misconduct, Excessive Force (Wrongful Death), Civil Commitment.
- Parole and Probation Accused of Driving Prison Growth, April 1, 2024. Commentary/Reviews, Statistics/Trends, Probation, Parole & Supervised Release, Conditions of.
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, April 1, 2024. Parole Conditions, Fathers in Prison, Parental rights, Conditions of.
- Oregon Prisoner’s Parole Deferral Based on “Dangerous Offender” Statute Reversed, April 1, 2024. Civil Commitment, Release Decisions.
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, March 15, 2024. Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches.
- New Jersey Supreme Court Revives Parolee’s Challenge to Administratively Imposed Treatment Program, March 1, 2024. Parole Conditions, Drug Treatment/Rehab, Conditions of.
- Illinois Eases Restrictions on Prisoners Released Under Supervision, March 1, 2024. Bail/Pretrial Release, Mandatory Term of Supervised Release, Conditions of.
- Escape from Oregon State Hospital Results in Changes to Detainee Transports, March 1, 2024. Escapes, Civil Commitment, Competency, Competence of Defendant.
- The Problem with Some Non-Carceral Punishments, Feb. 15, 2024. Commentary/Reviews, Crime/Demographics, Alternative Sentencing, Probation, Parole & Supervised Release, Conditions of.