Filed Date: Nov. 18, 2009
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On November 18, 2009, female inmates of the North Carolina Department of Correction (DOC) filed a class action lawsuit in the U.S. District Court for the Eastern District of North Carolina under 42 U.S.C. § 1983 against individual employees and supervisors. The plaintiffs, represented by the North Carolina Prisoner Legal Services, asked the court for declaratory and injunctive relief, as well as damages, claiming that the defendants violated their Fourth, Eighth, and Fourteenth Amendment rights. Specifically, the plaintiffs claimed that various DOC employees had sexually assaulted, abused, or harassed them during their confinement and that certain supervisory defendants did nothing to prevent the abuse.
On September 10, 2010, Judge James C. Dever denied the plaintiffs' class certification motion without prejudice.
On March 16, 2011, Judge Dever granted in part a motion by several defendants for judgment on the pleadings, dismissed two plaintiffs and four defendants, and dismissed the remaining plaintiffs' First and Fourteenth Amendment claims. The court also denied the plaintiffs' second motion for class certification. Etters v. Bennett, 2011 WL 976472 (E.D.N.C. Mar. 16, 2011). The plaintiffs appealed, and on August 30, 2011, the U.S. Court of Appeals for the Fourth Circuit issued an opinion per curiam dismissing one of the plaintiff's appeals when her claim was dismissed by the district court. King v. Bennett, 444 F. App'x 686 (4th Cir. 2011).
On August 1, 2011, Judge Dever denied one of the defendant's motion for appointment of counsel (because he failed to fill out the necessary form) and denied a motion to intervene by another inmate. Etters v. Bennett, 2011 WL 3320489 (E.D.N.C. Aug. 1, 2011).
On May 18, 2012, plaintiff Deven Deal and defendants Keller, Bennett, Kimble, Harvey, and Blalock filed a joint stipulation of dismissal, seeking dismissal with prejudice of plaintiff Deal's claims against these defendants. On May 21, 2012, Deal filed a second notice of voluntary dismissal, seeking dismissal with prejudice of her claims against defendant Barbosa. On the same date, plaintiff Sandra Etters and defendants Young, Lancaster, and Harvey filed a joint motion to expedite the entry of an order based on their proposed settlement agreement, and Etters filed a motion for entry of default judgment against defendant Simms. The defendants agreed to improve sexual safety through policies, training practices, changes to physical facilities, and other measures for the prevention of sexual abuse.
On May 30, 2012, the court approved the two voluntary dismissals and approved the settlement by the parties providing for changes to state policies concerning reporting and investigating claims of sexual abuse by inmates. The court also approved a default judgment for Etters against Simms, the only remaining claims. Etters v. Young, 2012 WL 1950415 (E.D.N.C. May 30, 2012).
On February 6, 2013, Magistrate Judge James E. Gates issued a memorandum and recommendation that Etters be awarded $100,000 in compensatory damages and $100,000 in punitive damages, for a total damages award of $200,000 from defendant Charlie Cortez Simms. No party filed any objections. Etters v. Shanahan, 2013 WL 787344 (E.D.N.C. Feb. 6, 2013). Etters v. Shanahan, 2013 WL 787344 (E.D.N.C. Feb. 6, 2013).
On March 4, 2013, Judge Dever dismissed the claims of two of the plaintiffs and dismissed four of the defendants. The court also dismissed the six of the defendants as to the third plaintiff. Judge Dever also accepted the memorandum and recommendation of Magistrate Judge Gates. Etters v. Shanahan, 2013 WL 792834 (E.D.N.C. Mar. 4, 2013).
Summary Authors
Jessica Kincaid (7/14/2014)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5515194/parties/etters-v-bennett/
Dever, James C. III (North Carolina)
Gates, James E. (North Carolina)
Albiston, Elizabeth (North Carolina)
Giancola, April Marie (North Carolina)
Finarelli, Joseph (North Carolina)
Dever, James C. III (North Carolina)
Gates, James E. (North Carolina)
See docket on RECAP: https://www.courtlistener.com/docket/5515194/etters-v-bennett/
Last updated March 27, 2024, 3:02 a.m.
State / Territory: North Carolina
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Nov. 18, 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Female inmates of the North Carolina Department of Correction who were sexually assaulted, abused, and harassed by employees.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
North Carolina Department of Correction, State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Amount Defendant Pays: 200,000
Order Duration: 2012 - 2015
Content of Injunction:
Other requirements regarding hiring, promotion, retention
Issues
General:
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Sex w/ staff; sexual harassment by staff
Assault/abuse by staff (facilities)
Affected Sex or Gender:
Type of Facility: