North Carolina Lawyers Weekly

Jun 26, 2023

H. Lee Sarokin, judge who freed ‘Hurricane’ Carter, dies at 94

SAN DIEGO (AP) — H. Lee Sarokin, the federal judge who freed boxer Rubin “Hurricane” Carter and in a landmark case famously said tobacco companies engaged in a “vast” conspiracy […]

Jun 21, 2023

Civil Rights – Bivens Claim – Prisons & Jails – New Context

The plaintiff-prisoner seeks money damages under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), based on his claims that the defendant-prison officials (1) […]

Jun 2, 2023

Civil Rights – Due Process – State-Created Right – Post-Conviction Exculpatory Evidence

North Carolina has created a constitutionally protected right to demonstrate one’s innocence post-conviction with new evidence and DNA testing. After plaintiff was convicted of two murders he did not commit, […]

Apr 24, 2023

Civil Rights – Body-Cam Footage – Media Petitioners – Civil ‘Action’ Required

Petitioners are media organizations who seek the release of police body-camera footage of the arrest of a Duke University basketball player. Since petitioners are not individuals depicted in the footage, […]

Apr 18, 2023

Judge ends Hartford police consent decree despite concerns

HARTFORD, Conn. (AP) — A judge has ended the nearly 50 years of federal oversight of police in Hartford, Connecticut, despite continued concerns the department still has not hired enough […]

Mar 28, 2023

Civil rights attorney Lee Merritt arrested in Texas protest

DALLAS (AP) — A prominent civil rights attorney was among a group of people arrested in a Dallas suburb during a demonstration in memory of a Black man who died […]

Feb 22, 2023

Civil Rights – Store Customer – Suspicion of Shoplifting – Off-Duty Police Officer

The defendant-store’s staff suspected plaintiff, a pregnant African-American woman, of shoplifting, and the staff asked an off-duty police officer, who was also shopping in the store, to speak with plaintiff. […]

Feb 17, 2023

Civil Rights – Public Records – CLEARs – Petition vs. Action

Law enforcement agencies are not permitted to allow the viewing of custodial law enforcement agency recordings (CLEARs) absent compliance with court orders resulting from proceedings under G.S. § 132-1.4A. Subsection […]

Jan 25, 2023

Civil Rights – RA & ACA – Deaf Patient Proxy – Malfunctioning VRIs – Deliberate Indifference

Where the defendant-hospital allegedly failed to provide the deaf plaintiff with any way to communicate during his three-day stay – despite his early and repeated requests – plaintiff’s complaint states […]

Nov 16, 2022

PORTRAIT OF A PIONEER: Carolina Law honors civil rights icon Sylvia X. Allen with portrait

By Jason Thomas [email protected] On Nov. 4, Carolina Law alumni, students, faculty and staff are joined members of Sylvia X. Allen’s family as well as special guests for the unveiling […]

Feb 14, 2022

Overdose death in custody leads to $1.8M settlement

The estate of a man who died after overdosing on methamphetamine while in the custody of the Cherokee County Sheriff’s Department has settled its lawsuit against the office for $1.8 […]

Dec 23, 2021

Cherokee Co. to pay $4M for illegal separation

Cherokee County has agreed to pay $4 million to a woman who was unlawfully removed from her home when she was a minor by Department of Social Services employees who […]