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)

Documents in the Clearinghouse

Documents in this case

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 March 28, 2026, 5:43 a.m.

ECF Number Date Description Link
81 May 3, 2013

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.)

RECAP
214 May 7, 2014

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

RECAP
274 April 23, 2015

Withdraw as Attorney

RECAP
April 23, 2015

Motion Submitted

275 May 20, 2015

Response in Opposition to Motion

RECAP
276 June 3, 2015

Memorandum in Opposition

RECAP
June 3, 2015

Motion Submitted

277 June 8, 2015

Notice of Voluntary Dismissal

RECAP
July 7, 2015

Motion Submitted

278 July 10, 2015

Notice of Voluntary Dismissal

RECAP
279 July 29, 2015

Notice of Voluntary Dismissal

RECAP
280 July 30, 2015

Notice of Hearing on Motion

RECAP
281 July 31, 2015

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

RECAP
282 July 31, 2015

Order on Motion to Withdraw as Attorney

RECAP
Aug. 28, 2015

Order

284 Aug. 31, 2015

Letter

RECAP
285 Sept. 11, 2015

Order on Motion for Summary Judgment

RECAP
286 Sept. 21, 2015

Notice of Appeal -Final Judgment

RECAP
287 Sept. 21, 2015

Transmission of Notice of Appeal and Docket Sheet to USCA

RECAP
288 Sept. 22, 2015

USCA Case Number

RECAP
Sept. 22, 2015

Assembled Electronic Record on Appeal transmitted to 4CCA

289 Oct. 5, 2015

USCA PLRA Order

RECAP
290 Oct. 7, 2015

Withdraw as Attorney

RECAP
Oct. 7, 2015

Motion Submitted

291 Oct. 12, 2015

Miscellaneous Relief

RECAP
292 Oct. 22, 2015

Stipulation of Dismissal

RECAP
293 Oct. 27, 2015

Notice-other

RECAP
Oct. 28, 2015

Order

295 Oct. 30, 2015

Notice-other

RECAP
Oct. 30, 2015

Order

297 Nov. 2, 2015

Order on Motion to Withdraw as Attorney

RECAP
298 Nov. 3, 2015

Order on Motion for Miscellaneous Relief

RECAP
Nov. 16, 2015

Order on Motion for Summary Judgment

300 Nov. 17, 2015

Withdraw as Attorney

RECAP
Nov. 17, 2015

Motion Submitted

301 Nov. 24, 2015

Order on Motion to Withdraw as Attorney

RECAP
302 Nov. 25, 2015

Order Setting/Resetting Hearings

RECAP
303 Dec. 21, 2015

Miscellaneous Relief

RECAP
304 Dec. 22, 2015

Writ of Habeas Corpus ad testificandum

RECAP
305 Dec. 22, 2015

Order on Motion for Miscellaneous Relief

RECAP
306 Dec. 28, 2015

Writ Issued

RECAP
307 Dec. 29, 2015

Miscellaneous Relief

RECAP
308 Dec. 30, 2015

Order on Motion for Miscellaneous Relief

RECAP
Dec. 30, 2015

Motion Referred

309 Jan. 7, 2016

Order

RECAP
310 Jan. 7, 2016

Settlement Conference

RECAP
311 Jan. 7, 2016

Settlement Conference

RECAP
312 Jan. 7, 2016

Opinion from USCA

RECAP
313 Jan. 7, 2016

USCA Judgment

RECAP
314 Jan. 29, 2016

USCA Mandate

RECAP
315 Feb. 2, 2016

Letter

RECAP
316 Feb. 8, 2016

Stipulation of Dismissal

RECAP
317 Feb. 8, 2016

Notice-other

RECAP
318 Feb. 27, 2016

Extension of Time to File Document

RECAP
319 Feb. 29, 2016

Order on Motion for Extension of Time to File

RECAP
Feb. 29, 2016

Motion Referred

320 April 15, 2016

File Excess Pages

RECAP
321 April 15, 2016

Memorandum in Support

RECAP
322 April 15, 2016

Summary Judgment

RECAP
323 April 15, 2016

Memorandum in Support

RECAP
324 April 15, 2016

Statement of Material Facts

RECAP
325 April 15, 2016

Appendix to the Statement of Facts

RECAP
326 April 15, 2016

Notice of Substitution of Counsel

RECAP
327 April 29, 2016

Extension of Time to File Response/Reply

RECAP
328 April 29, 2016

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

RECAP
April 29, 2016

Motion Submitted

329 June 6, 2016

Response in Opposition to Motion

RECAP
330 June 6, 2016

Statement of Material Facts

RECAP
331 June 6, 2016

Appendix to the Statement of Facts

RECAP
332 June 6, 2016

Strike

RECAP
333 June 7, 2016

Certificate of Service

RECAP
334 June 20, 2016

Response in Opposition to Motion

RECAP
335 June 20, 2016

Reply to Response to Motion

RECAP
336 June 29, 2016

Notice of Hearing

RECAP
337 July 1, 2016

Notice of Appearance

RECAP
338 July 1, 2016

Notice of Hearing on Motion

RECAP
339 July 1, 2016

Continue

RECAP
341 July 1, 2016

Continue

RECAP
July 1, 2016

Order on Motion to Continue

July 1, 2016

Motion Submitted

343 July 15, 2016

Notice of Hearing on Motion

RECAP
July 15, 2016

Order on Motion to Continue

344 July 26, 2016

Continue

RECAP
July 26, 2016

Motion Submitted

345 Aug. 2, 2016

Miscellaneous Relief

RECAP
Aug. 2, 2016

Motion Submitted

346 Aug. 3, 2016

Order on Motion for Miscellaneous Relief

RECAP
347 Aug. 4, 2016

Motion Hearing

RECAP
Aug. 10, 2016

Order on Motion to Continue

348 Aug. 12, 2016

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

RECAP
349 Aug. 15, 2016

Notice of Hearing

RECAP
350 Aug. 16, 2016

Pretrial Order AND Order Setting/Resetting Hearings

RECAP
351 Aug. 19, 2016

Writ of Habeas Corpus ad testificandum

RECAP
352 Aug. 24, 2016

Writ Issued

RECAP
Aug. 24, 2016

Motion Referred

Aug. 24, 2016

Set/Reset Hearings

353 Aug. 31, 2016

Notice of Appearance

RECAP
354 Sept. 2, 2016

Miscellaneous Relief

RECAP
355 Sept. 8, 2016

Notice of Hearing

RECAP
356 Sept. 8, 2016

Writ Issued

RECAP

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

State of North Carolina

Defendant Type(s):

Corrections

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Eastern District of North Carolina 5:13-ct-03201

Eastern District of North Carolina 5:10-ct-03135

Eastern District of North Carolina 5:10-ct-03235

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

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

Recommended Citation