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NC Prisoner Survives Summary Judgment for Two Excessive Force Claims
by David M. Reutter
The Fourth Circuit Court of Appeals found a prisoner’s material facts in an excessive use of force claim were sufficient to overcome the defendants’ motion for summary judgment.
The court’s January 4, 2021, opinion was issued in an appeal brought by North Carolina prisoner Willie James ...
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More from this issue:
- The 10 Worst Sheriffs in America, by Nicole Audrey Spector
- Auditor Slams California ICE Facility That Released Detainees With COVID-19, by Edward Lyon
- From the Editor, by Paul Wright
- Kentucky Consolidated Local Government Entitled to Sovereign Immunity, by David Reutter
- Sen. Warren Investigation Exposes Broken Prison Accreditation System, by Jayson Hawkins
- 25 Years of the AEDPA: Where do We Stand?, by Dale Chappell
- Prisoners Released Without COVID Tests Face Difficult Reentry, by Jayson Hawkins
- Pandemic Medical Update, by Michael D. Cohen, MD
- Former Georgia Sheriff Deputies Denied Immunity in Criminal Case for Taser Death of Unarmed Man, by David Reutter
- Law Passes Requiring Parents in New York Prisons to be Housed Close to Their Children, by Kevin Bliss
- Mentally Ill Alabama Prisoner Dies in 101-Degree Cell, by Edward Lyon
- Trump Pardons Highlight System’s Flaws, by Jayson Hawkins
- Prioritizing Incarcerated People for Vaccine Quickly Reduced COVID in IL Prisons, by Brian Dolinar
- Class Action Lawsuit Over COVID at Chesapeake, MD Jail Reaches Settlement, by David Reutter
- Massachusetts Medical Parole Cases and COVID-19 Prisoner Deaths, by Edward Lyon
- DOJ: Florida Women’s Prison Subjects Prisoners to Unconstitutional Risk of Sexual Abuse, by David Reutter, Kevin Bliss
- New Hampshire Prisoner Sues to Enforce Conditions of Consent Decree, by David Reutter
- Connecticut Supermax Closing After Lawsuit Filed Seeking to Reduce Use of Solitary, by Anthony Accurso
- Court Orders In-Person Inspection of Michigan Facility to Determine COVID-19 Policy Compliance, by David Reutter
- Inspection Reports Reveal Filthy Conditions In Arizona Prison Kitchens, by Jimmy Jenkins
- NY Prisoner Entitled to Release Upon Reaching Conditional Release Date, by David Reutter
- Prison Overcrowding Continues During COVID-19 Pandemic, by Edward Lyon
- Prisoners Find Their Voice in Minnesota Prison Writing Workshop, by Edward Lyon
- Kentucky Leases Closed Private Prison to Use as State Facility, by Edward Lyon
- Texas Republican Representative Proposes Renaming Prisons With Names Honoring Enslavers, Oppressors and Convict Leasers, by Matthew Clarke
- Draconian Use of Solitary Confinement in North Carolina, by Keith Sanders
- Inspector General Calls California Prison Reform Efforts a $10 Million Failure, by Matthew Clarke
- New Jersey Man Dies Soon After Exonerated of Sex Offense, by Edward Lyon
- Sixth Circuit Refuses to Extend Bivens to BOP Prisoner’s First Amendment Claims, by Mark Wilson
- Activism and Art Team Up to Abolish Mass Incarceration, by Keith Sanders
- Connecticut Prisoner Population Lowest in Over Three Decades Due to Coronavirus, by Douglas Ankney
- DWN Report Shows ICE Facilities Were Community Superspreaders of COVID-19, by Matthew Clarke
- State Prison System Takes Over County Jail, by Edward Lyon
- PA Lawsuit Claims Allegheny County Jail Sergeant Brutalized Disabled Women, by David Reutter
- GEO Group Puts Money, Lobbyist into Defeating Bill to Prohibit Private Prisons in Virginia, by David Reutter
- Six Howard County, Indiana Jail Guards Fired Over Sexual Assaults and Harassment of Prisoners, by Michael Fortino, Ph.D
- Guard Commits Suicide Amidst Allegations in Federal Prison, by Jayson Hawkins
- Federal Agencies Rack Up Nearly One Thousand Arrest-Related or In-Custody Deaths in Two Years, DOJ Report Finds, by David Reutter
- Fourth Circuit Holds Immigrant Children’s Mental Health Care Should Be Up to Professional Standards, by David Reutter
- Pew Study Shows Crime Falls but Spending on Jails Soar, by David Reutter
- State Auditor Report Critical of Texas Prison Agribusiness, by Matthew Clarke
- Amending the 13th Amendment, by Edward Lyon
- Washington Gives Right to Vote to 20,000 People Previously Incarcerated, by Juliette LaMarr
- Auditor Appalled at Lack of Spending Controls in Mississippi Prison System, by David Reutter
- Pushing Back on Prison Labor, by Lilah Burke
- Fourth Circuit Holds Deaf Federal Civilly Committed Sex Offender Has First Amendment Right of Access to Point-to-Point Videocalls in BOP Prison, by Matthew Clarke
- Ninth Circuit Reverses Dismissal of Lawsuit in Prisoner Overdose at San Diego Jail, by Matthew Clarke
- Microsoft Invests in Digital Incarceration, by Jayson Hawkins
- Resources for Understanding Today’s Prison System, by Kevin Bliss
- Staff Shortages in Georgia Prisons Reach Crisis Levels, by Keith Sanders
- NC Prisoner Survives Summary Judgment for Two Excessive Force Claims, by David Reutter
- Colorado Grants COVID-19-Related Clemencies, by Edward Lyon
- News in Brief
- U.S. DOJ Statistics on Race and Ethnicity of Violent Crime Perpetrators, by Matthew Clarke
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
- Ninth Circuit Reverses Federal Prisoner’s Conviction for Assaulting Guards at California Prison, Dec. 15, 2024. Excessive Force, Failure to Protect (Staff), Resentencing.
- TDCJ Denied Summary Judgment In Suit by Prisoner Who Missed Grievance Deadline Because Guard’s Assault Left Him In a Coma, Sept. 15, 2024. Staff-Prisoner Assault, Guard Brutality/Beatings, Summary Judgment.
- Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury, Aug. 15, 2024. Malpractice (Attorneys), Summary Judgment, Resentencing, Remands/Rehearings/Resentencings.
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway, Dec. 1, 2023. Respiratory, Ventilation, Sanitation, Summary Judgment, Expert Witnesses.
- No Summary Judgment for Private Transportation Company in Maryland Detainee’s Suit Alleging “Horrific” 2,000-Mile Journey, Sept. 15, 2023. Transport Companies, Transportation, Summary Judgment.