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Case Name Northcutt v. South Carolina Department of Corrections PC-SC-0009
Docket / Court 4:17-cv-03301-BHH-TER ( D.S.C. )
State/Territory South Carolina
Case Type(s) Prison Conditions
Case Summary
On December 7, 2017, eighteen death row prisoners in the South Carolina Department of Corrections (SCDC) alleged they have been kept in solitary confinement for between nine and twenty years. Plaintiffs sued SCDC, its Director, and Wardens of prisons within the SCDC under 42 U.S.C. § 1983, ... read more >
On December 7, 2017, eighteen death row prisoners in the South Carolina Department of Corrections (SCDC) alleged they have been kept in solitary confinement for between nine and twenty years. Plaintiffs sued SCDC, its Director, and Wardens of prisons within the SCDC under 42 U.S.C. § 1983, alleging violations of their Eighth and Fourteenth Amendments rights by being denied any meaningful opportunity to challenge their conditions of confinement. The prisoners alleged that they were placed in solitary confinement regardless of behavioral history or individual status. The case was referred to Magistrate Judge Thomas E Rogers, III.

On December 22, 2017, the plaintiffs moved for a preliminary injunction asserting that they were transferred from Lieber Correctional Institution to the Maximum Security Unit at Kirkland Reception and Evaluation Center, which provided even harsher conditions than those previously experienced in their solitary confinement at Lieber. On April 16, 2018, the plaintiffs amended their complaint.

On June 26, 2018, Magistrate Judge Rogers issued a Report and Recommendation that the plaintiffs request for a preliminary injunction be denied. Judge Rogers found that the plaintiffs failed to make a showing that they were likely to succeed on the merits of their due process claim. As of August 8, 2018, the case is still ongoing.

Abigail DeHart - 08/08/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Defendant-type
Corrections
General
Administrative segregation
Classification / placement
Conditions of confinement
Solitary confinement/Supermax (conditions or process)
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) South Carolina Department of Corrections
Plaintiff Description Eighteen death row prisoners in the South Carolina Department of Corrections
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filing Year 2017
Case Ongoing Yes
Additional Resources
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  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
4:17-cv-3301 (D.S.C.)
PC-SC-0009-9000.pdf | Detail
Date: 08/09/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PC-SC-0009-0001.pdf | Detail
Date: 12/07/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion and Memorandum of Law for Preliminary Injunction [ECF# 6]
PC-SC-0009-0002.pdf | Detail
Date: 12/22/2017
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 30]
PC-SC-0009-0003.pdf | Detail
Date: 04/16/2018
Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation [ECF# 42]
PC-SC-0009-0004.pdf | Detail
Date: 06/26/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Hendricks, Bruce Howe (D.S.C.)
PC-SC-0009-9000
Rogers, Thomas E. III (D.S.C.) [Magistrate]
PC-SC-0009-0004 | PC-SC-0009-9000
Plaintiff's Lawyers Druding, Kyle M. (District of Columbia)
PC-SC-0009-9000
Ferguson, Laura N. (District of Columbia)
PC-SC-0009-9000
Goldman, Emily (District of Columbia)
PC-SC-0009-9000
Hansen, Darcy N. (New York)
PC-SC-0009-9000
Jophlin, Aaron Seth (South Carolina)
PC-SC-0009-0001 | PC-SC-0009-0002 | PC-SC-0009-0003 | PC-SC-0009-9000
Richichi, Brian R. (District of Columbia)
PC-SC-0009-0001 | PC-SC-0009-0002 | PC-SC-0009-0003 | PC-SC-0009-9000
Schiavo, Nicole E. (New York)
PC-SC-0009-9000
van tol, Pieter (New York)
PC-SC-0009-0001 | PC-SC-0009-0002 | PC-SC-0009-0003 | PC-SC-0009-9000
Defendant's Lawyers Arnold, Melissa J. (South Carolina)
PC-SC-0009-9000
Frawley, Patrick John (South Carolina)
PC-SC-0009-9000
Gessner, Evan Markus (South Carolina)
PC-SC-0009-9000
Holmes, Janet Brooks (South Carolina)
PC-SC-0009-9000
Settana, Daniel R. Jr. (South Carolina)
PC-SC-0009-9000

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