Filed Date: April 20, 2020
Case Ongoing
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The North Carolina Conference of the NAACP, Disability Rights North Carolina, the American Civil Liberties Union of North Carolina Legal Foundation, and four individual plaintiffs brought this suit and petition for writ of mandamus against North Carolina Governor Roy Cooper, the Secretary of the North Carolina Department of Public Safety, and several parole commissioners. The suit was filed in the North Carolina Superior Court for Wake County on April 20, 2020. The complaint was filed amidst the outbreak of COVID-19, at a time when prisons across the country were among the institutions hardest hit by the disease. Plaintiffs alleged that the state's failure to protect prisoners from COVID-19 in prisons amounted to cruel and unusual punishment in violation of the state's constitution. Plaintiffs therefore requested declaratory relief, injunctive relief including creating more distance between inmates, and costs and attorney's fees.
On the 13th of May, the court denied plaintiff's request for a writ of mandamus and the temporary restraining order.
Meanwhile, between April 28 and June 3, the court had held a series of hearings regarding a preliminary injunction. On June 16, the court issued an order granting the preliminary injunction, finding that defendants were indeed in violation of the state constitution's ban on cruel and unusual punishment. The injunction mandated that defendants work with partners that would be willing to help serve prisoners, authorized the defendants to start finding which prisoners would be candidates for release, and told parties to work together to come up with a plan to test inmates and prevent the spread of COVID-19 within the prisons.
On August 17, 2020, plaintiffs filed a motion to enforce the injunction, or in the alternative, require defendants to show cause why they should not be held in civil contempt. Plaintiffs claimed that defendants violated the injunction's commands in three ways:
Juge Rozier Jr. appointed a Special Master in response.
The parties reached a landmark settlement on February 25, 2021 and requested to stay proceedings for six months. Under its terms, at least 3,500 people in state custody would be released early during the stay. Also, defendants agreed to take measures to maintain the population level achieved by the end of the 180-day period, and to implement or maintain certain COVID-19 mitigation measures. These measures would include:
Pending satisfaction of the settlements terms, plaintiffs would dismiss their case with prejudice and the parties would bear their own costs.
This case is on-going pending satisfaction of the settlement agreement.
Summary Authors
Jack Hibbard (7/16/2020)
Jordan Katz (5/4/2022)
Atkinson, Daryl (North Carolina)
Blagrove, Dawn N. (North Carolina)
Carpenter, Whitley (North Carolina)
Brennan, Stephanie A. (North Carolina)
Brinkley-Rubinstein, Lauren (North Carolina)
Atkinson, Daryl (North Carolina)
Blagrove, Dawn N. (North Carolina)
Carpenter, Whitley (North Carolina)
Grafstein, Lisa (North Carolina)
Graunke, Kristi L. (North Carolina)
Joyner, Irving (North Carolina)
Kang, Leah J. (North Carolina)
Pollitt, Susan H. (North Carolina)
Siegel, Daniel K. (North Carolina)
Simpson, Elizabeth Guild (North Carolina)
Last updated Aug. 30, 2023, 1:50 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: North Carolina
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: April 20, 2020
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
ACLU of North Carolina, NAACP of North Carolina, Disability Rights of North Carolina, and several individuals
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Disability Rights Education & Defense Fund (DREDF)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
North Carolina Governor Roy Cooper, State
Secretary of the North Carolina Department of Public Safety, State
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
General/Misc.:
Sanitation / living conditions
COVID-19:
CDC Guidance ordered implemented
COVID testing ordered/modified
Independent monitor/inspector imposed/assisted
Population-Medically vulnerable
PPE-ordered provided to prisoners for free
Release-process created/modified
Sanitizer/Handsoap ordered made available/used
Transfer-ordered or process created/modified
Jails, Prisons, Detention Centers, and Other Institutions: