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North Carolina puts thousands of children in harm’s way by failing to fix the state’s broken child welfare system, says a federal class action complaint filed on behalf of nine foster children.
Ultimately, Young instituted a federal habeas action. The court determined that the Community Protection Act was civil and, therefore, it could not violate the double jeopardy and ex post facto guarantees. On appeal, the Court of Appeals reasoned that the case turned on whether the Act was punitive "as applied" to Young. [5] 5th
Lawsuit alleging that North Carolina officials improperly sent foster children to psychiatric facilities survives state agency’s effort to dismiss. ... In the 12-county Charlotte region, 153 ...
A common case would be a future threat of harm that would not constitute common law assault but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred ...
The emotional distress for which monetary damages may be recovered, however, ought not to be that form of acute emotional distress or the transient emotional reaction to the occasional gruesome or horrible incident to which every person may potentially be exposed in an industrial and sometimes violent society. . . .
The burden of taking care of people with disabilities, such as schizophrenia, is falling to county jails, a new lawsuit says. NC accused in lawsuit of letting people with mental disabilities ...
Snyder v. Phelps, 562 U.S. 443 (2011), is a landmark decision by the Supreme Court of the United States in which the Court held that speech made in a public place on a matter of public concern cannot be the basis of liability for a tort of emotional distress, even if the speech is viewed as offensive or outrageous.
Since 2021, juvenile justice staff have confined kids for “administrative” reasons at least 2,097 times. Lawsuit demands that NC stop locking minors in rooms in detention amid staffing crisis ...