Case: Corbett v. Branker

5:13-ct-03201 | U.S. District Court for the Eastern District of North Carolina

Filed Date: July 26, 2010

Clearinghouse coding complete

Case Summary

On July 26, 2010, a North Carolina prisoner filed this § 1983 lawsuit in the Eastern District of North Carolina against officers and administrators 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…

On July 26, 2010, a North Carolina prisoner filed this § 1983 lawsuit in the Eastern District of North Carolina against officers and administrators 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 court granted summary judgment to the defendant on September 11, 2015, and the plaintiff appealed the decision to the Fourth Circuit Court of Appeals. Corbett v. Branker, 628 Fed. Appx. 185 (4th Cir. 2016). The Fourth Circuit dismissed the appeal for lack of jurisdiction on January 7, 2016. The case is presumably closed.

Summary Authors

Alex Wharton (1/2/2015)

Elizabeth Heise (11/3/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5619054/parties/corbett-v-branker/


Judge(s)

Boyle, Terrence William (North Carolina)

Attorney for Plaintiff

Albiston, Elizabeth (North Carolina)

Finholt, Benjamin S. (North Carolina)

Attorney for Defendant

Goodson, Scott Bartley (North Carolina)

Harper, Lisa Y. (North Carolina)

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Documents in the Clearinghouse

Document

5:10-ct-03235

Docket [PACER]

Aug. 26, 2013

Aug. 26, 2013

Docket

5:13-ct-03201

Docket

Oct. 21, 2016

Oct. 21, 2016

Docket
1

5:10-ct-03135

Form to be Used by a State Prisoner in Filing a Complaint

July 26, 2010

July 26, 2010

Complaint
6

5:10-ct-03135

Order of Investigation

Oct. 12, 2010

Oct. 12, 2010

Order/Opinion
74

5:10-ct-03135

First Amended Complaint for Damages, Injunction, and Declaratory Relief

May 1, 2013

May 1, 2013

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5619054/corbett-v-branker/

Last updated Aug. 21, 2025, 7:33 a.m.

ECF Number Description Date Link Date / Link
81

ORDER - granting 60 Motion to Withdraw and withdrawing 48 Motion for Summary Judgment; finding as moot 50 Motion for Extension of Time to File Response and 52 Motion for Protective Order; granting 59 Motion to Withdraw and withdrawing 58 Motion to Withdraw Appointed Counsel; and denying without prejudice 65 Motion for Summary Judgment. The Honorable James E. Gates shall enter an amended scheduling order to include a period for discovery and an amended deadline for dispositive motions. Signed by US District Judge Terrence W. Boyle on 5/2/2013. (McDowell, G.)

May 3, 2013

May 3, 2013

RECAP
214

PROTECTIVE ORDER. Signed by US Magistrate Judge Robert B. Jones, Jr. on 5/7/2014. Copy mailed to Counsel for WakeMed. (McDowell, G.)

May 7, 2014

May 7, 2014

RECAP
274

Withdraw as Attorney

April 23, 2015

April 23, 2015

PACER

Motion Submitted

April 23, 2015

April 23, 2015

PACER
275

Response in Opposition to Motion

May 20, 2015

May 20, 2015

PACER
276

Memorandum in Opposition

June 3, 2015

June 3, 2015

PACER

Motion Submitted

June 3, 2015

June 3, 2015

PACER
277

Notice of Voluntary Dismissal

June 8, 2015

June 8, 2015

PACER

Motion Submitted

July 7, 2015

July 7, 2015

PACER
278

Notice of Voluntary Dismissal

July 10, 2015

July 10, 2015

PACER
279

Notice of Voluntary Dismissal

July 29, 2015

July 29, 2015

PACER
280

Notice of Hearing on Motion

July 30, 2015

July 30, 2015

PACER
281

Order on Motion for Hearing AND Order on Motion to Appoint Counsel AND Order on Motion to Appoint Counsel AND Order on Motion to Amend/Correct AND Order on Motion for Hearing AND Order on Motion to Appoint Counsel AND Order on Motion for Miscellaneous Relief

July 31, 2015

July 31, 2015

PACER
282

Order on Motion to Withdraw as Attorney

July 31, 2015

July 31, 2015

PACER

Order

Aug. 28, 2015

Aug. 28, 2015

PACER
284

Letter

Aug. 31, 2015

Aug. 31, 2015

PACER
285

Order on Motion for Summary Judgment

Sept. 11, 2015

Sept. 11, 2015

PACER
286

Notice of Appeal -Final Judgment

Sept. 21, 2015

Sept. 21, 2015

PACER
287

Transmission of Notice of Appeal and Docket Sheet to USCA

Sept. 21, 2015

Sept. 21, 2015

PACER
288

USCA Case Number

Sept. 22, 2015

Sept. 22, 2015

PACER

Assembled Electronic Record on Appeal transmitted to 4CCA

Sept. 22, 2015

Sept. 22, 2015

PACER
289

USCA PLRA Order

Oct. 5, 2015

Oct. 5, 2015

PACER
290

Withdraw as Attorney

Oct. 7, 2015

Oct. 7, 2015

PACER

Motion Submitted

Oct. 7, 2015

Oct. 7, 2015

PACER
291

Miscellaneous Relief

Oct. 12, 2015

Oct. 12, 2015

PACER
292

Stipulation of Dismissal

Oct. 22, 2015

Oct. 22, 2015

PACER
293

Notice-other

Oct. 27, 2015

Oct. 27, 2015

PACER

Order

Oct. 28, 2015

Oct. 28, 2015

PACER
295

Notice-other

Oct. 30, 2015

Oct. 30, 2015

PACER

Order

Oct. 30, 2015

Oct. 30, 2015

PACER
297

Order on Motion to Withdraw as Attorney

Nov. 2, 2015

Nov. 2, 2015

PACER
298

Order on Motion for Miscellaneous Relief

Nov. 3, 2015

Nov. 3, 2015

PACER

Order on Motion for Summary Judgment

Nov. 16, 2015

Nov. 16, 2015

PACER
300

Withdraw as Attorney

Nov. 17, 2015

Nov. 17, 2015

PACER

Motion Submitted

Nov. 17, 2015

Nov. 17, 2015

PACER
301

Order on Motion to Withdraw as Attorney

Nov. 24, 2015

Nov. 24, 2015

PACER
302

Order Setting/Resetting Hearings

Nov. 25, 2015

Nov. 25, 2015

PACER
303

Miscellaneous Relief

Dec. 21, 2015

Dec. 21, 2015

PACER
304

Writ of Habeas Corpus ad testificandum

Dec. 22, 2015

Dec. 22, 2015

PACER
305

Order on Motion for Miscellaneous Relief

Dec. 22, 2015

Dec. 22, 2015

PACER
306

Writ Issued

Dec. 28, 2015

Dec. 28, 2015

PACER
307

Miscellaneous Relief

Dec. 29, 2015

Dec. 29, 2015

PACER
308

Order on Motion for Miscellaneous Relief

Dec. 30, 2015

Dec. 30, 2015

PACER

Motion Referred

Dec. 30, 2015

Dec. 30, 2015

PACER
309

Order

Jan. 7, 2016

Jan. 7, 2016

PACER
310

Settlement Conference

Jan. 7, 2016

Jan. 7, 2016

PACER
311

Settlement Conference

Jan. 7, 2016

Jan. 7, 2016

PACER
312

Opinion from USCA

Jan. 7, 2016

Jan. 7, 2016

PACER
313

USCA Judgment

Jan. 7, 2016

Jan. 7, 2016

PACER
314

USCA Mandate

Jan. 29, 2016

Jan. 29, 2016

PACER
315

Letter

Feb. 2, 2016

Feb. 2, 2016

PACER
316

Stipulation of Dismissal

Feb. 8, 2016

Feb. 8, 2016

PACER
317

Notice-other

Feb. 8, 2016

Feb. 8, 2016

PACER
318

Extension of Time to File Document

Feb. 27, 2016

Feb. 27, 2016

PACER
319

Order on Motion for Extension of Time to File

Feb. 29, 2016

Feb. 29, 2016

PACER

Motion Referred

Feb. 29, 2016

Feb. 29, 2016

PACER
320

File Excess Pages

April 15, 2016

April 15, 2016

PACER
321

Memorandum in Support

April 15, 2016

April 15, 2016

PACER
322

Summary Judgment

April 15, 2016

April 15, 2016

PACER
323

Memorandum in Support

April 15, 2016

April 15, 2016

PACER
324

Statement of Material Facts

April 15, 2016

April 15, 2016

PACER
325

Appendix to the Statement of Facts

April 15, 2016

April 15, 2016

PACER
326

Notice of Substitution of Counsel

April 15, 2016

April 15, 2016

PACER
327

Extension of Time to File Response/Reply

April 29, 2016

April 29, 2016

PACER
328

Order on Motion for Extension of Time to File Response/Reply

April 29, 2016

April 29, 2016

PACER

Motion Submitted

April 29, 2016

April 29, 2016

PACER
329

Response in Opposition to Motion

June 6, 2016

June 6, 2016

PACER
330

Statement of Material Facts

June 6, 2016

June 6, 2016

PACER
331

Appendix to the Statement of Facts

June 6, 2016

June 6, 2016

PACER
332

Strike

June 6, 2016

June 6, 2016

PACER
333

Certificate of Service

June 7, 2016

June 7, 2016

PACER
334

Response in Opposition to Motion

June 20, 2016

June 20, 2016

PACER
335

Reply to Response to Motion

June 20, 2016

June 20, 2016

PACER
336

Notice of Hearing

June 29, 2016

June 29, 2016

PACER
337

Notice of Appearance

July 1, 2016

July 1, 2016

PACER
338

Notice of Hearing on Motion

July 1, 2016

July 1, 2016

PACER
339

Continue

July 1, 2016

July 1, 2016

PACER
341

Continue

July 1, 2016

July 1, 2016

PACER

Order on Motion to Continue

July 1, 2016

July 1, 2016

PACER

Motion Submitted

July 1, 2016

July 1, 2016

PACER
343

Notice of Hearing on Motion

July 15, 2016

July 15, 2016

PACER

Order on Motion to Continue

July 15, 2016

July 15, 2016

PACER
344

Continue

July 26, 2016

July 26, 2016

PACER

Motion Submitted

July 26, 2016

July 26, 2016

PACER
345

Miscellaneous Relief

Aug. 2, 2016

Aug. 2, 2016

PACER

Motion Submitted

Aug. 2, 2016

Aug. 2, 2016

PACER
346

Order on Motion for Miscellaneous Relief

Aug. 3, 2016

Aug. 3, 2016

PACER
347

Motion Hearing

Aug. 4, 2016

Aug. 4, 2016

PACER

Order on Motion to Continue

Aug. 10, 2016

Aug. 10, 2016

PACER
348

Order on Motion to Strike AND Order on Motion for Leave to File Excess Pages AND Order on Motion for Summary Judgment

Aug. 12, 2016

Aug. 12, 2016

PACER
349

Notice of Hearing

Aug. 15, 2016

Aug. 15, 2016

PACER
350

Pretrial Order AND Order Setting/Resetting Hearings

Aug. 16, 2016

Aug. 16, 2016

PACER
351

Writ of Habeas Corpus ad testificandum

Aug. 19, 2016

Aug. 19, 2016

PACER
352

Writ Issued

Aug. 24, 2016

Aug. 24, 2016

PACER

Motion Referred

Aug. 24, 2016

Aug. 24, 2016

PACER

Set/Reset Hearings

Aug. 24, 2016

Aug. 24, 2016

PACER
353

Notice of Appearance

Aug. 31, 2016

Aug. 31, 2016

PACER
354

Miscellaneous Relief

Sept. 2, 2016

Sept. 2, 2016

PACER
355

Notice of Hearing

Sept. 8, 2016

Sept. 8, 2016

PACER
356

Writ Issued

Sept. 8, 2016

Sept. 8, 2016

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 26, 2010

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Eight North Carolina prisoners

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of North Carolina (Wake), State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Conditions of confinement

Jails, Prisons, Detention Centers, and Other Institutions:

Restraints (physical)

Policing:

Excessive force