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Fourth Circuit Affirms Dismissal of North Carolina Prisoner’s ADA Claim for Failure to Show Deliberate Indifference
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 the Fourth Circuit held on October 5, 2022, that a North Carolina prisoner failed to create a genuine issue ...
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More from this issue:
- Despite #MeToo, Celebrity Justice Remains Massively Unjust, by Matthew Clarke
- Georgia Prison Smuggling Ring Busted, Warden and Former Guard Arrested, by Chuck Sharman
- From the Editor, by Paul Wright
- Pennsylvania Jail Hit With Over $1.5 Million in Overages for Guards, Healthcare, by Kevin Bliss
- $50,000 Settlement to Texas Prisoner for Feces-Covered Cell
- New Jail Healthcare Provider Coming to Albuquerque – Again, by Kevin Bliss
- Third Connecticut Prison Lockdown in Five Months, by Kevin Bliss
- Guantanamo Prison Down to 30 Detainees, by Jordan Arizmendi
- Fifth BOP Staff Conviction and Sixth Arrest in California Prison ‘Rape Club’, by Jo Ellen Nott
- Tennessee DOC Coughs Up Video of Condemned Prisoner Who Severed Own Penis, by Eike Blohm, MD
- California LGBTQ Pardon Initiative Falls Short, by Chuck Sharman
- Florida Returning Canteen Funds for Prisoner Programming, by Harold Hempstead
- Fifth Detainee Dies in 2023 at California’s Santa Rita Jail, by Jo Ellen Nott
- Ohio Makes Sweeping Changes to Criminal Justice
- New York City Stops Reporting Rikers Island Deaths Amid Rampant Guard Misconduct, by Benjamin Tschirhart, Chuck Sharman, Kevin Bliss
- New York Prisoner Is Released After Conviction Is Vacated, Reinstated and Vacated Once More, by Chuck Sharman
- Seventh Circuit: Attorney’s Submission of Illinois Prisoner’s Grievance Exhausts Administrative Remedies, by David Reutter
- $142,500 Settlement After Pennsylvania Jail Guard Allegedly Knocked Out Detainee and Broke Her Jaw, by Matthew Clarke
- L.A. County Watchdog Takes Aim at “Deputy Gangs”, by Douglas Ankney
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Prison Work Injury, by Matthew Clarke
- Newly Released Government Records Reveal Horrible Neglect of Terminally Ill Woman in Federal Prison, by C.J. Ciaramella
- Prisoner Who Reached $11,400 Retaliation Settlement with South Dakota Jail Tries Again with DOC, by Keith Sanders
- Seventh Circuit: Low IQ and Segregation Placement May Render Administrative Remedies Unavailable to Indiana Prisoner, by David Reutter
- More Success for Medication-Assisted Treatment Programs in Prisons and Jails, by Keith Sanders
- Fourth Circuit Affirms Dismissal of North Carolina Prisoner’s ADA Claim for Failure to Show Deliberate Indifference, by Douglas Ankney
- California Appeals Court Affirms Rate Caps and Fee Limitations for Prison Telecoms, by Douglas Ankney
- $120,000 Settlement Reached With Long Island Detainee Assaulted by Jail Guards, by Jacob Barrett
- $500,000 Settlement for Texas Man Wrongly Imprisoned for Child Sex Abuse, by Benjamin Tschirhart
- New York Bail Reform Laws Reduced Recidivism, Contrary to Critics’ Claims, by Chuck Sharman
- $150,000 Verdict for South Carolina Jail Detainee’s Groin Injury During Pat-Down, by Eike Blohm, MD
- Texas Prisons are Fire Traps, by Edward Lyon
- Over $7,600 Awarded to Tennessee Prisoner for Retaliatory Cell Search and Transfer
- Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus, by David Reutter
- FCC Granted Broader Authority to Regulate Prisoner Call Costs, by Chuck Sharman
- California Prisoners Embracing Arts, by Kevin Bliss
- $15,001 Verdict Against Delaware Guard for Gaping Prisoner’s Butt During Strip Search, by Keith Sanders
- Almost 800 Deaths in South Carolina Jails and Prisons Six Years
- Fourth Circuit Revives Virginia Prisoner’s Challenge to Discipline for Allegedly Sexually Harassing Guard, by David Reutter
- Georgia Prisoner Allowed to Proceed on Section 1983 Claim Seeking Execution by Firing Squad, by David Reutter
- States Take Legislative Action to Address Family Separation by Incarceration, by Jordan Arizmendi
- Iowa DOC Changes Policy After Ombudsman Calls Out Unfair Prisoner Discipline, by Kevin Bliss
- Biden Granting More Pardons Than Trump, Fewer Than Obama, by Jordan Arizmendi
- Bad Lawyering, Bankruptcy Torpedo Suit Over Delaware Prisoner’s Death, by Jayson Hawkins
- California Appellate Court: Time Spent in Mental Hospital to Restore Competency is Time Served, by David Reutter
- FCC Requires Prison Telecoms to Provide Services for Deaf Prisoners, by Jordan Arizmendi
- $1.325 Million Settlement after Virginia Detainee’s Opiate Withdrawal Ignored in Jail, by David Reutter
- Nebraska Parole Board Members Showing Up to Work More Often, by Chuck Sharman, Jordan Arizmendi
- The World’s Biggest Prison, by Edward Lyon
- News in Brief
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- Tennessee DOC Found in Violation of ADA With Failure to Accommodate Hearing Impaired Prisoners, Feb. 15, 2025. Deaf Prisoners, Americans with Disabilities Act, Class Actions, Policy Considerations.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025. Disabled Prisoners, Systemic Medical Neglect, Malpractice, Conditions of Confinement, Americans with Disabilities Act.
- New York Governor Orders Firing of 13 Guards, Nurse in Prisoner’s Fatal Beating, Feb. 15, 2025. Guard Misconduct, Medical Misconduct, Excessive Force (Wrongful Death), Deliberate Indifference.
- No Charges in Alabama Prisoner’s Torture, Rape and Murder, Jan. 15, 2025. Prisoner-Prisoner Assault, Guard Misconduct, Prison/Jail Murders, Deliberate Indifference.
- Pennsylvania Prisoner Released from Solitary After 15 Years, Jan. 15, 2025. Disabled Prisoners, Settlements, Americans with Disabilities Act, Control Units/SHU/Solitary Confinement.
- $400,000 Jury Verdict for Medical Neglect Resulting in Amputation of Alabama Prisoner’s Toes, Jan. 15, 2025. Wexford Health Services, Systemic Medical Neglect, Amputations, Settlements, Deliberate Indifference.
- Tenth Circuit Affirms PTS Driver’s Conviction for Torturous Detainee Transport, Jan. 15, 2025. Transport Companies, Retaliatory Transfers, Transportation, Deliberate Indifference.
- $1.5 Million Settlement Reached for Oregon Prisoner’s Untreated Traumatic Brain Injury, Jan. 15, 2025. Brain Injury, Settlements, Deliberate Indifference.
- Mom of Murdered California Prisoner Defeats Motion to Dismiss Lawsuit by Guard Who Posted Pics of Corpse Online, Sept. 15, 2024. Failure to Protect (Wrongful Death), Motion To Dismiss, Social Media, Deliberate Indifference.