On July 26, 2010, a North Carolina prisoner filed this § 1983 lawsuit in the Eastern District of North Carolina against officers and administers at the state-run Central Prison. On February 14, 2012, the Court (Judge Terrence W. Boyle) denied the state's motion for summary judgment. Due to the pro ...
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On July 26, 2010, a North Carolina prisoner filed this § 1983 lawsuit in the Eastern District of North Carolina against officers and administers at the state-run Central Prison. On February 14, 2012, the Court (Judge Terrence W. Boyle) denied the state's motion for summary judgment. Due to the pro se plaintiff's inability to procure discovery, and the complexity of the issues, the court appointed North Carolina Prisoner Legal Services (NCPLS) to represent the plaintiff. On May 1, 2013, NCPLS filed an amended complaint, adding seven similarly situated North Carolina prisoners. The prisoners asked the court for damages, and injunctive and declaratory relief, claiming that the officers took advantage of a blind spot--one free from video surveillance--in one of the prison's hallways to commit malicious and sadistic assaults on the prisoners.
For years, prisoners housed on Central Prison's Unit One repeatedly reported the abuses through letters and litigation. This lawsuit sought to end the problem, seeking an injunction mandating installation of video surveillance cameras in the blind spot, and policies regarding retention of video footage and procedures for the investigation of officers' use of force. Because of years of discovery disputes and the bifurcated posture of the case, Judge Boyle ordered the original case (No. 5:10-ct-03135) closed on August 26, 2013 and opened a new case Corbett v. Branker, No. 5:13-ct-03201, with a beginning date of May 1, 2013--the date of the filing of the amended complaint in the old case.
On November 19, 2013, Judge Boyle appointed a special master to assist the court and the parties and to file reports with the court regarding the prison's compliance with future court orders. On March 17, 2014, Judge Boyle denied the state's motion to dismiss and dismissed the prisoners' motion for preliminary injunction.
On March 27, 2014 the parties stipulated to several of the special master's findings. The court placed the prison on notice that if it did not comply and implement the initial recommendations, a preliminary injunction would issue. On May 7, 2014, Magistrate Judge Robert Jones granted the prisoners' motion for a protective order against the prison officials.
The parties have initiated discovery at this time and the case is ongoing. Alex Wharton - 01/02/2015