NC clerks dropped from wrongful detention lawsuit, court software company still blamed
RALEIGH, N.C. (WNCN) — After facing a lawsuit related to alleged wrongful detentions and arrests, several defendants have been dropped from the case against them.
eCourts is a $100 million software overhaul for the North Carolina court system. It launched more than a year ago, with Wake, Johnston, Harnett and Lee Counties as the first pilot counties. It has since been implemented in dozens of other counties including Durham and Orange.
Since the switchover to the new software, multiple people claim they were unconstitutionally jailed because of problems with the system. eCourts has been blamed for a list of other issues including problems with DMV records, public disclosure of private information and a slowdown in the day-to-day operations of District Court.
Some of the issues have been resolved. However, district attorneys and lawyers continue to raise concerns about the software.
Those concerns included in the lawsuit address wrongful detention. In a news release attorneys with Tin Fulton, Walker and Owen Law Office said, “Our clients voluntarily dismissed their claims brought against the North Carolina Administrative Office of the Courts and three county clerks. Since our clients filed this lawsuit, the North Carolina Supreme Court published intervening case law extending certain state immunity doctrines to county clerks, largely insulating them from suit. See Wynn v. Frederick, 385 N.C. 576, 585-86, 895 S.E.2d 371, 379-80 (2023). Importantly, the voluntary dismissals are without prejudice. Our clients retain the ability to refile claims against the NCAOC and Clerk Defendants—whether in federal court or a different forum—as we continue to learn more.”
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In response, NCAOC spokesperson Graham Wilson said in a statement, “We are pleased that plaintiffs dismissed their meritless claims against NCAOC and court officials. This dismissal should answer inaccuracies regarding eCourts as we remain focused on completing this generational expansion of access to justice for North Carolina.”
Tuesday the plaintiffs filed briefs that oppose the efforts by Mecklenburg County Sheriff Garry McFadden, Wake County Sheriff Willie Rowe, and Tyler Technologies, Inc. to dismiss the suit.
Attorneys for the plaintiffs say, “Each of these defendants had a duty to protect our clients from the unconstitutional overdetentions and arrests that resulted from the Defendants’ policies and practices, as well as the implementation and design of the defective “eCourts” software.”
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Court documents provide new detail related to around 60 people who were allegedly overdetained in the first weeks of the eCourts rollout in Mecklenburg County. The claims state that overdetentions have continued to occur at the Mecklenburg County jail as recently as March of this year.
CBS 17 reached to the Mecklenburg County Sheriff’s Office for comment. They responded that they do not comment on pending litigation.
This is a developing story. CBS 17 will continue to provide updates.
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