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Prisons & Jails

Dec 8, 2017

Prisons & Jails – Constitutional – First Amendment – Rastafarian Services – Administrative Remedies

Wilcox v. Brown (Lawyers Weekly No. 001-213-17, 14 pp.) (William Traxler Jr., J.) 16-7596; Dec. 5, 2017; USDC at Asheville, N.C. (Frank Whitney, C.J.) 4th Cir. Holding: Where the plaintiff-prisoner alleges that defendants discontinued Rastafarian services because the prison was without a chaplain, but that when the prison hired a chaplain, defendants refused to allow […]

Jun 14, 2017

Prisons & Jails – Civil Detainee Challenges Confinement Conditions

Matherly v. Andrews (Lawyers Weekly No. 001-134-17, 35 pp.) (Diaz, J.) No. 16-6473, June 8, 2017; USDC at Raleigh, N.C. (Britt, J.) 4th Cir. Holding: A plaintiff committed to FCI Butner as a “sexually dangerous person” under the Adam Walsh Act loses his suit contending that he is subjected to many of the same conditions […]

Jun 7, 2017

Prisons & Jails – Inmate Has First Amendment Retaliation Claim

Martin v. Duffy (Lawyers Weekly No. 001-126-17, 24 pp.) (Wynn, J.) No. 16-6132, June 1, 2017; USDC at Florence, S.C. (Norton, J.) 4th Cir. Holding: Plaintiff inmate stated a claim for a First Amendment violation based on defendant correctional officer placing him in administrative segregation for filing a grievance against a prison sergeant, and the […]

May 3, 2017

Prisons & Jails – No Qualified Immunity for Prisoner Retaliation Claim

Booker v. S.C. Dep’t of Corrections (Lawyers Weekly No. 001-102-17, 36 pp.) (Gregory, J.) No. 15-7679, April 28, 2017; USDC at Charleston, S.C. (Lewis, J.) 4th Cir. Holding: The 4th Circuit reinstates plaintiff prisoner’s First Amendment claim against defendant correctional officials who allegedly retaliated against him by filing an “Incident Report” after he complained that […]

Mar 29, 2017

Prisons & Jails – Death-Row Conditions Suit Not Mooted

Porter v. Clarke (Lawyers Weekly No. 001-076-17, 16 pp.) (Wynn, J.) No. 16-7044, March 24, 2017; USDC at Alexandria, Va. (Brinkema, J.) 4th Cir. Holding: Although defendant prison officials have substantially changed policies governing conditions of confinement for Virginia death-row inmates challenged in this lawsuit, the officials have repeatedly refused to rule out a return […]

Mar 29, 2017

Prisons & Jails – Failure to Exhaust Is Affirmative Defense

Custis v. Davis, Warden (Lawyers Weekly No. 001-079-17, 10 pp.) (Gregory, J.) No. 15-7533, March 23, 2017; USDC at Norfolk, Va. (Davis, J.) 4th Cir. Holding: The 4th Circuit reverses dismissal of a suit filed by an inmate who was assigned to a lower bunk because of missing toes on his right foot, and who […]

Nov 9, 2016

Prisons & Jails – Diabetic Inmate Can Try Eighth Amendment Claims

Scinto v. Stansberry, Warden FCI (Lawyers Weekly No. 001-159-16, 35 pp.) (Wynn, J.) No. 15-1587, Nov. 4, 2016; USDC at Raleigh, N.C. (Dever, J.) 4th Cir. Holding: An inmate who suffered from insulin-dependent diabetes can try his claims that a prison doctor was deliberately indifferent to his serious medical needs when he allegedly failed to […]

Nov 9, 2016

Prisons & Jails – Pretrial Detainee Gets Hearing Before Discipline

Dilworth v. Adams (Lawyers Weekly No. 001-158-16, 22 pp.) (Harris, J.) No. 15-6910, Nov. 7, 2016; USDC at Raleigh, N.C. (Dever, J.) 4th Cir. Holding: A pretrial detainee was entitled to a hearing prior to being placed in disciplinary segregation as punishment for two disciplinary infractions; the 4th Circuit directs entry of judgment for plaintiff […]

Jul 12, 2016

Prisons & Jails – Inmate Says Jailers Ignored Safety Threats

Cox v. Quinn (Lawyers Weekly No. 001-129-16, 22 pp.) (Harris, J.) No. 15-6943, July 6, 2016; USDC at Roanoke, Va. (Conrad, J.) 4th Cir. Holding: Plaintiff inmate who was severely beaten by another inmate allegedly had complained multiple times to defendant correctional officials about threats from other inmates in his pod, and a reasonable jury […]

Jun 1, 2016

Prisons & Jails – BOP Ordered to Reconsider Concurrent Sentences

Mangum v. Hallembaek (Lawyers Weekly No. 001-097-16, 12 pp.) (Davis, S.J.) No. 15-6134, May 25, 2016; USDC at Raleigh, N.C. (Flanagan, J.) 4th Cir. Holding: The 4th Circuit says a district court erred in overlooking the Bureau of Prison’s abuse of discretion in denying a habeas petitioner a nunc pro tunc designation to allow him […]

Apr 27, 2016

Prisons & Jails – No Nonparty Preclusion for Prisoner’s Food Suit

Duckett v. Fuller, SCDC Dietician (Lawyers Weekly No. 001-072-16, 16 pp.) (Niemeyer, J.) No. 15-6568, April 25, 2016; USDC at Greenville, S.C. (Childs, J.) 4th Cir. Holding: Plaintiff prisoner was not a party to a 2010 suit by inmates alleging prison food was so nutritionally deficient it violated their Eighth Amendment rights, and a district […]

Mar 11, 2016

Prisons & Jails – Labor & Employment – Inmate’s Wages – Deductions – Governing Statues – Administrative

Gatewood v. South Carolina Department of Corrections (Lawyers Weekly No. 011-026-16, 20 pp.) (John Geathers, J.) Appealed from the Administrative Law Court (Ralph King Anderson III, ALJ) S.C. App. Holding: Because of the timing of a veto and the effective date of a new law, there was one month during which the plaintiff-inmate’s wages were […]

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