Book him

In prison, legal research and law books can serve as an enduring source of hope in a place where hope scarcely resides. And when someone does something that could dash that hope, an inmate serving life for first-degree murder might be compelled to take matters into their own hands.   

And that’s what lifer Carl Brewton, who has racked up a mind-boggling 98 infractions in his 27 years in prison, did when a correctional officer at the Tabor Correctional Institute took his legal materials and destroyed them.  

The officer likely never saw it coming—a pro se claim filed by Brewton against the entire North Carolina Department of Public Safety.  

According to a March 15 ruling by the state’s Court of Appeals, the officer “negligently” seized and destroyed 10 law books that Brewton was apparently using to do legal research for his own defense in a criminal case. 

The department allows inmates to possess legal materials, though it regulates the amount. Where there’s excess, assuming the items aren’t contraband, the inmate is supposed to be given an opportunity to mail the items home before they’re tossed.  

It’s unclear whether Brewton was offered such an opportunity, but the full Industrial Commission determined that the officer acted negligently and awarded Brewton $100 for the loss of use and enjoyment of his books. It neglected, however, to give Brewton any money for the value of the books.  

The appeals court cited case law in finding that where a plaintiff’s property is destroyed through negligence, the plaintiff is entitled to damages equal to the value of that property. Brewton has presented some evidence as to the market value of the books, the court found, but how much he receives will be up to the Industrial Commission on remand. 

One thing is apparent to Sidebar, though: The sooner Brewton (who prison records show is serving double life) can replace his research materials, the better—he is going to have to author one persuasive argument if he wants to write a new chapter to his life.