Henry McCollum and Leon Brown v. Robeson County Sheriff's Office, North Carolina Bureau of Investigation, Leroy Allen and Kenneth Snead

Fayetteville, North Carolina civil rights lawyers represented Plaintiffs, who sued Defendants claiming that their Constitutional rights were violated and, as a direct result, they were wrongfully convicted and sentenced to death for raping and killing an 11-year-old girl.



They were sentenced to death in 1984 after their first trial was over. McCollum ended up becoming North Carolina's longest-serving death row inmate over the 31 years he was imprisoned.



In 2014, they were released when it was found from DNA evdience that the actual murderer was Roscone Artis.



Both brothers received full pardons in 2015.

05/14/2021 420 PROPOSED SEALED MOTION (Selected Participants Only)by J. Duane Gilliam, Kimberly Pinchbeck, Raymond C. Tarlton (available to: Plaintiffs J. Duane Gilliam, Kimberly Pinchbeck, Raymond C. Tarlton, Defendants Robert E. Price, Kenneth Sealey). (Attachments: # 1 Text of Proposed Order Sealed Order Approving Settlement with Sheriff's Office Defendants Only and Dismissing Claims Against Sheriff's Office Defendants Only) (Hogan, E.) (Entered: 05/14/2021)

05/14/2021 421 MOTION to Seal 420 PROPOSED SEALED MOTION (Selected Participants Only)by J. Duane Gilliam, Kimberly Pinchbeck, Raymond C. Tarlton (available to: Plaintiffs J. Duane Gilliam, Kimberly Pinchbeck, Raymond C. Tarlton, Defendants Robert E. Price, Kenneth Sealey) filed by J. Duane Gilliam, Kimberly Pinchbeck, Raymond C. Tarlton. (Attachments: # 1 Text of Proposed Order) (Hogan, E.) (Entered: 05/14/2021)

05/14/2021 422 AMENDED DOCUMENT by J. Duane Gilliam, Kimberly Pinchbeck, Raymond C. Tarlton. Plaintiffs' Amended Verdict Form and Special Interrogatories (Hogan, E.) (Entered: 05/14/2021)

05/14/2021 423 Proposed Jury Instructions by J. Duane Gilliam, Kimberly Pinchbeck, Raymond C. Tarlton. (Hogan, E.) (Entered: 05/14/2021)

05/14/2021 425 ORDER granting 420 CONSENT Motion to Approve Settlement with Sheriff's Office Defendants Only. Signed by District Judge Terrence W. Boyle on 5/14/2021. (Stouch, L.) (Entered: 05/14/2021)

05/14/2021 ORAL ORDER denying 421 Motion to Seal. Signed by District Judge Terrence W. Boyle on 5/14/2021. (Stouch, L.) (Entered: 05/14/2021)

05/14/2021 426 Minute Entry for Jury Trial completed on 5/14/2021 in Raleigh, NC before District Judge Terrence W. Boyle (DAY 5 of JURY TRIAL): All parties present and ready to proceed. Eight jurors returned for service. Charge conference held. Closing arguments presented by both parties. Charge to the jury by the Court. Jurors retire to deliberate. Verdict rendered finding for the plaintiffs in the amount as listed on the jury verdict form. Court released all jurors from service. Court in recess. (Court Reporter Michelle McGirr / Suzanne Patterson) (Stouch, L.) (Entered: 05/14/2021)

05/14/2021 427 JURY VERDICT. (Attachments: # 1 Special Interrogatories) (Stouch, L.) (Entered: 05/14/2021)

05/14/2021 428 Unredacted Documents - 427 Unredacted Jury Verdict (Attachments: # 1 Unredacted Special Interrogatories Form) (Stouch, L.) (Entered: 05/14/2021)

05/14/2021 429 JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED, pursuant to the Court's order entered May 27, 2016, that plaintiffs' claims against defendant Robeson County are dismissed with prejudice. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to the Court's order entered June 20, 2018, that defendants Town of Red Springs, Larry Floyd, and Paul Canady, Administrator C.T.A. of the Estate of Luther Haggins, are dismissed from this action with prejudice. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to the Court's order entered May 14, 2021, plaintiffs' claims against defendants Kenneth Sealey and Robert E. Price, administrator C.T.A. of the estate of Joel Garth Locklear, are dismissed with prejudice. IT IS ORDERED, ADJUDGED AND DECREED that Plaintiffs have proven by the preponderance of the evidence that Leroy Allen violated Henry McCollum's constitutional rights. Plaintiffs have proven that Kenneth Snead violated Henry McCollum's constitutional rights. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs have not proven that Leroy Allen violated Leon Brown's constitutional rights. Plaintiffs have proven that Kenneth Snead violated Leon Brown's constitutional rights. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant Leroy Allen is entitled to qualified immunity as to the claims by Leon Brown and is not entitled to qualified immunity as to the claims by Henry McCollum. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant Kenneth Snead is not entitled to qualified immunity. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Henry McCollum is entitled to recover $ 31 million in compensatory damages. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Leon Brown is entitled to recover $ 31 million in compensatory damages. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Henry McCollum is entitled to recover $ 3 million in punitive damages from Defendant Leroy Allen. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Henry McCollum is entitled to recover $ 5 million in punitive damages from Defendant Kenneth Snead. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Leon Brown is entitled to recover $0 million in punitive damages from Defendant Leroy Allen. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Leon Brown is entitled to recover $5 million in punitive damages from Defendant Kenneth Snead. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs Henry McCollum and Leon Brown are entitled to and shall recover post-judgment interest on the entire amount awarded under this judgment at the rate established by 28 U.S.C. § 1961, accruing as of the date of entry of the judgment up to and until satisfied in full. Signed by District Judge Terrence W. Boyle and deputy clerk for Peter A. Moore, Jr., Clerk of Court, on 5/14/2021. (Stouch, L.) (Entered: 05/14/2021)

05/14/2021 430 Exhibit List - Jury Trial. (Stouch, L.) (Entered: 05/14/2021)

05/14/2021 431 Final Jury Box - Sealed Document. (Stouch, L.) (Entered: 05/14/2021)



Henry McCollum and Leon Brown should be awarded $31 million each, $1 million for every year they spent in prison. The jury also awarded them $13 million in punitive damages after the Robeson County Sheriff’s Office, one of the defendants in the civil suit, settled part of the lawsuit for $9 million.